Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one Common Share is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “lowest price per share for which one Common Share is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible Securities.
Appears in 11 contracts
Samples: Forbes Medi Tech Inc, Forbes Medi Tech Inc, Forbes Medi Tech Inc
Issuance of Options. If the Company in any manner grants or sells any Options (Options, whether or not including Excluded Securities) immediately exercisable, in one transaction or in a series of related transactions, and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable (but excluding any contingent amounts) by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 7 contracts
Samples: Security Agreement, Securities Purchase Agreement (Security Devices International Inc.), Security Agreement (Security Devices International Inc.)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option Options is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option Options for such price per share. For purposes of this Section 2(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOptions” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the OptionOptions, upon exercise of the Option Options and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such OptionOptions less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Options, upon exercise of such Options and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Options. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 6 contracts
Samples: Warrant Agreement (SELLAS Life Sciences Group, Inc.), Warrant Agreement (SELLAS Life Sciences Group, Inc.), Warrant Agreement (Outlook Therapeutics, Inc.)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesSecurities issuable upon exercise of any such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 5 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (EnterConnect Inc), Securities Purchase Agreement (Encorium Group Inc), Underwriting Agreement (Xenetic Biosciences, Inc.)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities Common Stock Equivalents issuable upon exercise of any such Option is less than the Applicable Exercise Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i6(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesCommon Stock Equivalents issuable upon exercise of any such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities Common Stock Equivalents upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible SecuritiesCommon Stock Equivalents.
Appears in 5 contracts
Samples: Warrant Agreement (Youngevity International, Inc.), Warrant Agreement (Youngevity International, Inc.), Warrant Agreement (Redwood Scientific Technologies, Inc.)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Base Share Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(b)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Securities issuable upon exercise of any such Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 5 contracts
Samples: Zoom Technologies Inc, Zoom Technologies Inc, Zoom Technologies Inc
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Minrad International, Inc.), Guaranty and Security Agreement (Imation Corp), Metalico Inc
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one Common Share is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “"lowest price per share for which one Common Share is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” " shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible Securities.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Mitel Networks Corp), Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Mitel Networks Corp)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i2(f)(i)(A), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 4 contracts
Samples: Consent and Waiver Agreement (Interpharm Holdings Inc), Subordination Agreement (Prentice Capital Management, LP), Subordination Agreement (Sac Capital Advisors LLC)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i9(c)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No Except as contemplated below, no further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 4 contracts
Samples: Health Benefits Direct Corp, InsPro Technologies Corp, InsPro Technologies Corp
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesSecurities issuable upon exercise of any such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Common Stock Purchase (ImmunoCellular Therapeutics, Ltd.), Common Stock Purchase (ImmunoCellular Therapeutics, Ltd.), ImmunoCellular Therapeutics, Ltd.
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Repros Therapeutics Inc., SOCIAL REALITY, Inc., Repros Therapeutics Inc.
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one (1) share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “"lowest price per share for which one (1) share of Common Share Stock is issuable upon exercise of any such Options or upon conversion, exercise or exchange of any such Convertible Securities” Securities issuable upon exercise of such Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one (1) share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one (1) share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 3 contracts
Issuance of Options. If the Company in any manner grants any Options rights, warrants or options to subscribe for or purchase Common Stock or Convertible Securities (not including Excluded Securitiesas defined below) ("Options") and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable then current Exercise Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i9(c)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” " shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Securities Purchase Agreement (China Natural Gas, Inc.), China Natural Gas, Inc., Pacific Northwest Productions Inc.
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then each such share of Common Share Stock underlying such Option shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i2(d)(i)(A), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversionconversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company to the Holder thereof with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 3 contracts
Samples: Exchange Agreement (Eon Communications Corp), Securities Purchase Agreement (Eon Communications Corp), Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(e)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Duos Technologies Group, Inc., Duos Technologies Group, Inc., Aytu Bioscience, Inc
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i2(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No Except as contemplated below, no further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Hydrogenics Corp), Securities Purchase Agreement (Freedom Leaf Inc.), Warrant Agreement (Hydrogenics Corp)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i2(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock (a) upon the granting or sale of the Option, (b) upon exercise of the Option and (c) upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No Except as contemplated below, no further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Purchase Common Stock (Nutracea), Nutracea, Nutracea
Issuance of Options. If after the date hereof, the Company in any manner grants any Options options to purchase Shares other than Excluded Securities (not including Excluded Securities“Options”) and the lowest price per share Share for which one Common Share is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange of any Convertible Securities convertible securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i4(b)(i), the “lowest price per share for which one Common Share is issuable upon exercise of such Options or upon conversion, exercise conversion or exchange of such Convertible Securities” convertible securities shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share (x) upon the granting or sale of the Option, Option and (y) upon exercise of the Option and or upon conversion, exercise conversion or exchange of any Convertible Security convertible security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities convertible securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise conversion or exchange of such Convertible Securitiesconvertible securities.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (SANUWAVE Health, Inc.), SANUWAVE Health, Inc., SANUWAVE Health, Inc.
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securitiesas defined below) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities (as defined below) issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(a)(ii), the “"lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Securities issuable upon exercise of any such Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Rock Creek Pharmaceuticals, Inc.), Common Stock Purchase Warrant (Rock Creek Pharmaceuticals, Inc.), Securities Purchase Agreement (Rock Creek Pharmaceuticals, Inc.)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then each such share of Common Share Stock underlying such Option shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i2(f)(i)(A), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Cano Petroleum, Inc), Agreement and Plan of Merger (Cano Petroleum, Inc), Securities Purchase Agreement (Cano Petroleum, Inc)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one Common Share is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable PriceConversion Price in effect immediately prior to such issue or sale, then each such Common Share underlying such Option shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i4.4(a)(i), the “lowest price per share for which one Common Share is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares Share or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 3 contracts
Samples: Series a Note Purchase Agreement (Storm Cat Energy CORP), Series B Note Purchase Agreement (Storm Cat Energy CORP), Series a Note Purchase Agreement (Storm Cat Energy CORP)
Issuance of Options. If the Company in any manner grants any Options (not including other than Excluded SecuritiesIssuances) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i9(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of any such Options Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Warrant Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Securities Purchase Agreement (United Energy Corp /Nv/), Securities Purchase Agreement (United Energy Corp /Nv/), United Energy Corp /Nv/
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of shares of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of shares of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “lowest price per share for which one share of shares of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of shares of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Devcon International Corp), Securities Purchase Agreement (Brooke Corp)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Firepond, Inc., FP Technology, Inc.
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Company Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Company Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “lowest price per share for which one share of Company Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Company Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Fixed Conversion Price shall be made upon the actual issuance of such Company Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Company Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Antigenics Inc /De/)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one (1) Common Share is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i2A.7(b)(i), the “lowest price per share for which one (1) Common Share is issuable upon exercise of any such Options or upon conversion, exercise or exchange of any such Convertible SecuritiesSecurities issuable upon exercise of such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one (1) Common Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one (1) Common Share upon the granting or sale of such Option, upon exercise of such Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible Securities.
Appears in 2 contracts
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then each such share of Common Share Stock underlying such Option shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(d)(i)(A), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversionconversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Fixed Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Telik Inc), Telik Inc
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then each such share of Common Share Stock underlying such Option shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i2(f)(i)(A), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cano Petroleum, Inc), Investors Rights Agreement (Cano Petroleum, Inc)
Issuance of Options. If after the date hereof, the Company in any manner grants any Options (not including other than Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange of any Convertible Securities convertible securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i8(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise conversion or exchange of such Convertible Securities” Securities shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and or upon conversion, exercise conversion or exchange of any Convertible Security convertible security issuable upon exercise of such Option. No further adjustment of the Warrant Exercise Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities convertible securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange of such Convertible Securitiesconvertible securities.
Appears in 2 contracts
Samples: Warrant (Buckeye Ventures, Inc.), Warrant (Buckeye Ventures, Inc.)
Issuance of Options. If the Company in any manner grants or sells, or the Company publicly announces the issuance or sale of, any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(b)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversionconversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 2 contracts
Samples: Genius Brands International, Inc., Genius Brands International, Inc.
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i)Section, the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Global Energy Inc), Senesco Technologies Inc
Issuance of Options. If the Company in any manner grants or sells any Options (not including other than Excluded SecuritiesStock) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable PriceConversion Price in effect immediately prior to such Dilutive Issuance, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i9(d)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Consent and Waiver Agreement (Interpharm Holdings Inc), Securities Purchase Agreement (Interpharm Holdings Inc)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i9(f)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesSecurities issuable upon exercise of any such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Placement Agency Agreement (Delcath Systems Inc), Delcath Systems Inc
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i6(e)(i)(x), the “"lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Securities issuable upon exercise of any such Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price or the number of shares of Common Stock subject to the Conversion Rights shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (EnterConnect Inc), Series a Convertible Preferred Stock Purchase Agreement (EnterConnect Inc)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) options and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option option or upon conversion, exercise or exchange of any Convertible Securities convertible securities issuable upon exercise of any such Option option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option option for such price per share. For purposes of this Section 2(a)(i)3.1.1, the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options options or upon conversion, exercise or exchange of such Convertible Securitiesconvertible securities issuable upon exercise of any such option” shall be equal to the sum of the lowest amounts of consideration (consideration, if any) , received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Optionoption, upon exercise of the Option option and upon conversion, exercise or exchange of any Convertible Security convertible security issuable upon exercise of such Optionoption. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities convertible securities upon the exercise of such Options options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securitiesconvertible securities.
Appears in 2 contracts
Samples: Security Agreement (Stratus Media Group, Inc), Security Agreement (Stratus Media Group, Inc)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one Common Ordinary Share is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Ordinary Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per shareOption. For purposes of this Section 2(a)(i3(c)(i), the “lowest price per share for which one Common Ordinary Share is issuable upon exercise of any such Options Option or upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Ordinary Share upon the granting or sale of the such Option, upon exercise of the such Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities Security upon the exercise of such Options Option or upon the actual issuance of such shares of Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible SecuritiesSecurity.
Appears in 2 contracts
Samples: AIT Therapeutics, Inc., AIT Therapeutics, Inc.
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i)Section, the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 2 contracts
Samples: Exchange Agreement (Seaway Valley Capital Corp), Harvey Electronics Inc
Issuance of Options. If the Company Corporation in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one Common Share is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company Corporation at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i9(a)(i), the “lowest price per share for which one Common Share is issuable upon the exercise of any such Options Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Corporation with respect to any one Common Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Security Agreement (Stratus Media Group, Inc), Security Agreement (Stratus Media Group, Inc)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded other than Exluded Securities) and the lowest price per share for which one share of shares of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such shares of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” " shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Composite Technology Corp), Composite Technology Corp
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i9(g)(i)(1), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Roo Group Inc, Roo Group Inc
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Common Stock Purchase (Nanoviricides, Inc.), Nanoviricides, Inc.
Issuance of Options. If the Company in any manner grants or sells, or the Company publicly announces the issuance or sale of, any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversionconversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Great Basin Scientific, Inc.), Securities Purchase Agreement (Great Basin Scientific, Inc.)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No Except as contemplated below, no further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Generex Biotechnology Corp
Issuance of Options. If after the date hereof, the Company in any manner grants any Options options to purchase Ordinary Shares other than Excluded Securities (not including Excluded Securities“Options”) and the lowest price per share Ordinary Share for which one Common Ordinary Share is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange of any Convertible Securities convertible securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Ordinary Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i4(b)(i), the “lowest price per share for which one Common Ordinary Share is issuable upon exercise of such Options or upon conversion, exercise conversion or exchange of such Convertible Securities” convertible securities shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Ordinary Share (x) upon the granting or sale of the Option, Option and (y) upon exercise of the Option and or upon conversion, exercise conversion or exchange of any Convertible Security convertible security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Ordinary Shares or of such Convertible Securities convertible securities upon the exercise of such Options or upon the actual issuance of such Common Ordinary Shares upon conversion, exercise conversion or exchange of such Convertible Securitiesconvertible securities.
Appears in 1 contract
Samples: Todos Medical Ltd.
Issuance of Options. If the Company Parent in any manner grants or sells, or Parent publicly announces the issuance or sale of, any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company Parent at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Parent with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by Parent with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Exchange Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i)6.2.1, the “"lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exchange or exercise or exchange of such Convertible Securities” " shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price Conversion Rate shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: SSP Solutions Inc
Issuance of Options. If the Company in any manner grants any Options (not including other than Excluded SecuritiesIssuances) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable PriceWarrant Price in effect immediately prior to such Dilutive Issuance, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i9(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of any such Options Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Warrant Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Vcampus Corp
Issuance of Options. If Subject to Section (a) above, if after the date hereof, the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange of any Convertible Securities convertible securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i8(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise conversion or exchange of such Convertible Securities” Securities shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and or upon conversion, exercise conversion or exchange of any Convertible Security convertible security issuable upon exercise of such Option. No further adjustment of the Warrant Exercise Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities convertible securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange of such Convertible Securitiesconvertible securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants or sells any Options (not including other than Options which are Excluded Securities) and the lowest price per share for which one share of the Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such shares of the Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(iParagraph 4(f)(i)(A), the “lowest price per share for which one share of the Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of the Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Global Earth Energy, Inc.)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants or sells or enters into a definitive, binding agreement pursuant to which the Company is required to grant or sell, or the Company publicly announces the issuance or sale of, any Options (not including Excluded Securities) and the lowest price per share Ordinary Share for which one Common Ordinary Share is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Ordinary Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per shareOrdinary Share. For purposes of this Section 2(a)(i), the “"lowest price per share Ordinary Share for which one Common Ordinary Share is issuable upon the exercise of any such Options Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Ordinary Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one Ordinary Share upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Ordinary Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Ordinary Share upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Pre-Qualified IPO Applicable Price or the Post-Qualified IPO Applicable Price, as the case may be, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock (A) upon the granting or sale of the Option, (B) upon exercise of the Option and (C) upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Samples: Royalty Agreement (WorldSpace, Inc)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Securities issuable upon exercise of any such Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Discovery Laboratories Inc /De/
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one Common Share is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “"lowest price per share for which one Common Share is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares Share or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)
Issuance of Options. If the Company in any manner grants or sells, or the Company publicly announces the issuance or sale of, any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Shares is issuable upon the exercise of any such Option Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option Options is less than the Applicable Price, then such share of Common Share Shares shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option Options for such price per share. For purposes of this Section 2(a)(i), the “lowest price per share for which one share of Common Share Shares is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOptions” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Shares upon the granting or sale of the OptionOptions, upon exercise of the Option Options and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such OptionOptions less any consideration paid or payable by the Company with respect to such one share of Common Shares upon the granting or sale of such Options, upon exercise of such Options and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Options. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: BriaCell Therapeutics Corp.
Issuance of Options. If the Company in any manner grants or sells any Options (not including Options, other than Excluded Securities) , and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then then, solely for purposes of this Section 7, such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Telecommunication Systems Inc /Fa/)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) as defined below), other than in connection with any Exempt Issuance, and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities (as defined below) issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesSecurities issuable upon exercise of any such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible Securities.Stock or
Appears in 1 contract
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) as defined below), other than in connection with any Exempt Issuance, and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities (as defined below) issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesSecurities issuable upon exercise of any such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.or
Appears in 1 contract
Issuance of Options. If the Company Evergreen in any manner grants any Options options to purchase Common Stock (not including Excluded Securities) “Options”), and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any stock or securities (other than Options) directly or indirectly convertible into or exercisable or exchangeable for shares of Common Stock (“Convertible Securities Securities”) issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company Evergreen at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3.6(a)(ii)(1), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesSecurities issuable upon exercise of any such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Evergreen with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Set Price or number of Conversion Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then each such share of Common Share Stock underlying such Option shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(e)(i)(A), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If after the date hereof, the Company in any manner grants any Options (not including other than Excluded SecuritiesIssuances) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange of any Convertible Securities convertible securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i8(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise conversion or exchange of such Convertible Securities” Securities shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and or upon conversion, exercise conversion or exchange of any Convertible Security convertible security issuable upon exercise of such Option. No further adjustment of the Warrant Exercise Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities convertible securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange of such Convertible Securitiesconvertible securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Galea Life Sciences Inc)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Current Conversion Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the such Option, upon exercise of the such Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No Except as contemplated below, no further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such share of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i5.4(a), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum lowest exercise price set forth in such Option for which one share of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share Stock is issuable upon the granting or sale of the Option, upon exercise of the Option and any such Options or upon conversion, exercise or exchange of any Convertible Security Securities issuable upon exercise of any such Option. No Except as contemplated below, no further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: CareView Communications Inc
Issuance of Options. If the Company SDINC in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable PriceConversion Price then in effect, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company SDINC at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i14.6.2(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum total of the lowest amounts of consideration (if any) received or receivable by the Company SDINC with respect to any one share of Common Share upon Stock after taking into account the granting or sale of the Option, upon the exercise of the Option Option, and upon the conversion, exercise or exchange of any related Convertible Security issuable upon exercise of such Option. No Except as contemplated below, no further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares upon Stock or the conversion, exercise or exchange of such Convertible Securities, as the case may be.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i9(e)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No Except as contemplated below, no further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants any Options (not including except any Excluded Securities) Transaction; and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(iSubsection 5(c)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Securities issuable upon exercise of any such Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price or number of Conversion Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: PERF Go-Green Holdings, Inc
Issuance of Options. If the Company in any manner issues or grants any Options (not including Excluded Securities) or Convertible Securities and the lowest price per share for which one Common Share Stock is issuable upon the exercise of any such Option Options or upon conversion, exercise conversion or exchange of any such Convertible Securities is less than either the Fair Market Value per share of Common Stock determined as of the date of such issuance or grant of such Options or the Warrant Purchase Price in effect immediately prior to such issuance or grant of Options, then the total maximum number of shares of Common Stock issuable upon the exercise of such Options (or upon conversion or exchange of the total maximum amount of such Convertible Securities issuable upon the exercise of any such Option is less than the Applicable Price, then such Common Share Options) shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, sale or issuance of such Option for such lower price per share. For purposes of this Section 2(a)(i)paragraph, the “lowest price per share for which one Common Share Stock is issuable upon exercise of Options or upon conversion or exchange of Convertible Securities issuable upon exercise of Options shall be determined by dividing (A) the total amount, if any, received or receivable by the Company as consideration for the issuing or granting of such Options, PLUS the minimum aggregate amount of additional consideration payable to the Company upon the exercise of all such Options, PLUS in the case of such Options which relate to Convertible Securities, the minimum aggregate amount of additional consideration, if any, payable to the Company upon the issuance or sale of such Convertible Securities and the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon exercise of such Options or upon conversion, exercise the conversion or exchange of such Convertible Securities” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares or of all such Convertible Securities issuable upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible SecuritiesOptions.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable PricePurchase Price (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction occurring after the date hereof), then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i4(o), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversionconversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (LabStyle Innovations Corp.)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i13.06(a)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: AFG Enterprises USA, Inc.
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(e)(i)(A), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Act Teleconferencing Inc)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i11(a), the “"lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” " shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price under this Section 11 shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company Partnership in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share Common Unit for which one Common Share Unit is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Reduced Common Unit Price, then such Common Share Unit shall be deemed to be outstanding and to have been issued and sold by the Company Partnership at the time of the granting, granting or sale or issuance of such Option for such price per shareCommon Unit. For purposes of this Section 2(a)(i5.12(b)(iv)(G)(1), the “lowest price per share Common Unit for which one Common Share Unit is issuable upon the exercise of any such Options or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Partnership with respect to any one Common Share Unit upon the granting or sale of the Option, upon exercise of the Option and upon conversionconversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Partnership with respect to such one Common Unit upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Series A Conversion Price shall be made upon the actual issuance of such Common Shares Units or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Units upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Samples: CSI Compressco LP
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i2(f)(i)(A), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Devcon International Corp)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i)4.4.1, the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesSecurities issuable upon exercise of any such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Warrant Agreement (ImmunoCellular Therapeutics, Ltd.)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one Common Share is issuable upon the exercise of any such Option Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option Options is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option Options for such price per share. For purposes of this Section 2(a)(i), the “lowest price per share for which one Common Share is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOptions” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share upon the granting or sale of the OptionOptions, upon exercise of the Option Options and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such OptionOptions less any consideration paid or payable by the Company with respect to such one Common Share upon the granting or sale of such Options, upon exercise of such Options and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Options. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: VBI Vaccines Inc/Bc
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i8(c)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No Except as contemplated below, no further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: InsPro Technologies Corp
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Samples: Inksure Technologies Inc.
Issuance of Options. If the Company in any manner grants or sells or enters into a definitive, binding agreement pursuant to which the Company is required to grant or sell, or the Company publicly announces the issuance or sale of, any Options (not including Excluded Securities) and the lowest price per share Ordinary Share for which one Common Ordinary Share is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Ordinary Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per shareOrdinary Share. For purposes of this Section 2(a)(i), the “lowest price per share Ordinary Share for which one Common Ordinary Share is issuable upon the exercise of any such Options Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Ordinary Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one Ordinary Share upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Ordinary Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Ordinary Share upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cellect Biotechnology Ltd.)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i2(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesSecurities issuable upon exercise of any such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Oculus Innovative Sciences, Inc.
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i5.5(a), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Samples: Iron Mining Group, Inc.
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i8(b)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of any such Options Option or upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the such Option, upon exercise of the such Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Warrant Exercise Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities Security upon the exercise of such Options Option or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible SecuritiesSecurity.
Appears in 1 contract
Samples: Registration Rights Agreement (Infinity Energy Resources, Inc)
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(b)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon exercise of any such Options or upon conversion, exercise or exchange of any such Convertible Securities” Securities issuable upon exercise of such Options" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Vendingdata Corp
Issuance of Options. If the Company in any manner grants any Options (Options, whether or not including Excluded Securities) immediately exercisable, and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable (but excluding any contingent amounts) by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one Common Share is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “"lowest price per share for which one Common Share is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one Common Share upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Wave Systems Corp
Issuance of Options. If the Company Partnership in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share Common Unit for which one Common Share Unit is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Reduced Common Unit Price, then such Common Share Unit shall be deemed to be outstanding and to have been issued and sold by the Company Partnership at the time of the granting, granting or sale or issuance of such Option for such price per shareCommon Unit. For purposes of this Section 2(a)(i5.11(b)(iv)(F)(3), the “lowest price per share Common Unit for which one Common Share Unit is issuable upon the exercise of any such Options or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Partnership with respect to any one Common Share Unit upon the granting or sale of the Option, upon exercise of the Option and upon conversionconversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Partnership with respect to such one Common Unit upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price Series A Conversion Rate shall be made upon the actual issuance of such Common Shares Units or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Units upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants ------------------- or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise Conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon Conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise Conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise Conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Samples: Securities Exchange Agreement (Charys Holding Co Inc)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one Common Share is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “"lowest price per share for which one Common Share is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one Common Share upon the granting or sale of such Option, upon exercise of such Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Banro Corp
Issuance of Options. If the Company in any manner grants or ------------------- sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i8(a)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Britesmile Inc
Issuance of Options. If the Company in any manner grants or ------------------- sells any Options (not including other than Options which are Excluded Securities) and the lowest price per share for which one Common Share is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i3(f)(i)(A), the “"lowest price per share for which one Common Share is issuable upon the exercise of any such Options Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Charys Holding Co Inc)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, Price then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock (A) upon the granting or sale of the Option, (B) upon exercise of the Option and (C) upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Samples: WorldSpace, Inc
Issuance of Options. If the Company Parent in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Shares is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then each such share of Common Share Shares underlying such Option shall be deemed to be outstanding and to have been issued and sold by the Company Parent at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i4(s)(iv)(A)(I), the “"lowest price per share for which one share of Common Share Shares is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Parent with respect to any one share of Common Share Shares upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Exchange Price shall be made upon the actual issuance of such share of Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants any Options (not including Options, other than Excluded Securities) , and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then then, solely for purposes of this Section 2, such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Telecommunication Systems Inc /Fa/)
Issuance of Options. If after the Company date hereof, Stemtech in any manner grants any Options options to purchase Common Shares other than Excluded Securities (not including Excluded Securities“Options”) and the lowest price per share Common Share for which one Common Share is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange of any Convertible Securities convertible securities issuable upon exercise of any such Option is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company Stemtech at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i4(b)(i), the “lowest price per share for which one Common Share is issuable upon exercise of such Options or upon conversion, exercise conversion or exchange of such Convertible Securities” convertible securities shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Stemtech with respect to any one Common Share (x) upon the granting or sale of the Option, Option and (y) upon exercise of the Option and or upon conversion, exercise conversion or exchange of any Convertible Security convertible security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities convertible securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise conversion or exchange of such Convertible Securitiesconvertible securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants or sells, or the Company publicly announces the issuance or sale of, any Options (not including Excluded Securities) and the lowest price per share for which one Common Share is issuable upon the exercise of any such Option Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option Options is less than the Applicable Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option Options for such price per share. For purposes of this Section 2(a)(i), the “"lowest price per share for which one Common Share is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Convertible Securities” Options" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share upon the granting or sale of the OptionOptions, upon exercise of the Option Options and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such OptionOptions less any consideration paid or payable by the Company with respect to such one Common Share upon the granting or sale of such Options, upon exercise of such Options and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Options. No further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Underwriting Agreement (Trillium Therapeutics Inc.)
Issuance of Options. If the Company Borrower in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company Borrower at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i8.1.1(a), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible SecuritiesOption” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Borrower with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such share of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise conversion or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i2(g)(i)(A), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion or exchange of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise conversion or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Fixed Conversion Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (E-Net Financial Com Corp)
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable PriceConversion Price in effect immediately prior to such Dilutive Issuance, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i6(a)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants or sells any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i6(a)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Standard Conversion Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exchange or exercise or exchange of such Convertible Securities.
Appears in 1 contract
Issuance of Options. If the Company in any manner grants any Options (not including Excluded Securities) and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting, granting or sale or issuance of such Option for such price per share. For purposes of this Section 2(a)(i), the “"lowest price per share for which one share of Common Share Stock is issuable upon exercise of such Options or upon conversion, exercise or exchange of such Convertible Securities” Securities issuable upon exercise of any such Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Share Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Option. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Altair Nanotechnologies Inc
