Common use of Issuance of Stock Purchase Rights Clause in Contracts

Issuance of Stock Purchase Rights. In case the Company shall issue or sell any Stock Purchase Rights and the consideration per share for which additional shares of Common Stock may at any time thereafter be issuable upon exercise thereof (or, in the case of Stock Purchase Rights exercisable for the purchase of Convertible Securities, upon the subsequent conversion or exchange of such Convertible Securities) shall be less than the then Market Price per share, the Exercise Price shall be adjusted as provided in SECTION 8.2(b) on the basis that (I) the maximum number of additional shares of Common Stock issuable upon exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities following such exercise) shall be deemed to have been issued as of the date of the determination of the Market Price, as hereinafter provided, and (II) the aggregate consideration received for such additional shares of Common Stock shall be deemed to be the minimum consideration received and receivable by the Company in connection with the issuance and exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities). For the purposes of this SECTION 8.2(c), the date as of which the Market Price shall be determined shall be the earlier of (A) the date on which the Company shall enter into a firm contract for the issuance of such Stock Purchase Rights, or (B) the date of actual issuance of such Stock Purchase Rights. The provisions of this SECTION 8.2(c) shall not apply to Stock Purchase Rights issued in connection with the Company Rights Offering.

Issuance of Stock Purchase Rights. In case the Company shall issue or sell any Stock Purchase Rights and the consideration per share for or which additional shares of Common Stock may at any time thereafter be issuable upon exercise thereof (or, in the case of Stock Purchase Rights exercisable for the purchase of Convertible Securities, upon the subsequent conversion or exchange of such Convertible Securities) shall be less than the greatest of (i) the Exercise Price per share then in effect or (ii) the Current Market Price per share, the Exercise Price shall be adjusted as provided in SECTION 8.2(bsubsection (b) of this Section 4.2 on the basis that (I1) the maximum number of additional shares of Common Stock issuable upon exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities following such exercise) shall be deemed to have been issued as of the date of the determination of the Exercise Price, Current Market Price, as hereinafter provided, and (IIii) the aggregate consideration received for such additional shares of Common Stock shall be deemed to be the minimum consideration received and receivable by the Company in connection with the issuance and exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities). For the purposes of this SECTION 8.2(c)Subsection, (i) the date as of which the Market Exercise Price shall be determined computed shall be the earlier of (A) the date on which the Company shall enter into a firm contract for the issuance of such Stock Purchase Rights, or (B) the date of actual issuance of such Stock Purchase Rights. The provisions , and (ii) the date as of this SECTION 8.2(c) which the Current Market Price per share of Common Stock shall not apply to Stock Purchase Rights issued in connection with be computed shall be the last day of the most recently completed fiscal period of the Company Rights Offeringfor which financial statements have been delivered pursuant to ARTICLE IX prior to the earlier of the dates determined pursuant to (A) and (B) above.

Issuance of Stock Purchase Rights. In case the Company shall issue or sell any Stock Purchase Rights and the consideration per share for or which additional shares of Common Stock may at any time thereafter be issuable upon exercise thereof (or, in the case of Stock Purchase Rights exercisable for the purchase of Convertible Securities, upon the subsequent conversion or exchange of such Convertible Securities) shall be less than the then Market Exercise Price per shareshare then in effect, the Exercise Price shall be adjusted as provided in SECTION 8.2(bsubsection (b) of this Section 4.2 on the basis that (I1) the maximum number of additional shares of Common Stock issuable upon exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities following such exercise) shall be deemed to have been issued as of the date of the determination of the Market Price, Exercise Price as hereinafter provided, and (IIii) the aggregate consideration received for such additional shares of Common Stock shall be deemed to be the minimum consideration received and receivable by the Company in connection with the issuance and exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities). For the purposes of this SECTION 8.2(c)Subsection, the date as of which the Market Exercise Price shall be determined computed shall be the earlier of (A) the date on which the Company shall enter into a firm contract for the issuance of such Stock Purchase Rights, or (B) the date of actual issuance of such Stock Purchase Rights. The provisions of this SECTION 8.2(c) shall not apply to Stock Purchase Rights issued in connection with the Company Rights Offering.

Issuance of Stock Purchase Rights. In case the Company shall --------------------------------- issue or sell any Stock Purchase Rights and the consideration per share for which additional shares of Common Stock may at any time thereafter be issuable upon exercise thereof (or, in the case of Stock Purchase Rights exercisable for the purchase of Convertible Securities, upon the subsequent conversion or exchange of such Convertible Securities) shall be less than the then Market Price per share, the Exercise Price shall be adjusted as provided in SECTION Section ------- 8.2(b) on the basis that (I) the maximum number of additional shares ------ of Common Stock issuable upon exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities following such exercise) shall be deemed to have been issued as of the date of the determination of the Market Price, as hereinafter provided, and (II) the aggregate consideration received for such additional shares of Common Stock shall be deemed to be the minimum consideration received and receivable by the Company in connection with the issuance and exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities). For the purposes of this SECTION Section 8.2(c), the date as of which the Market Price -------------- shall be determined shall be the earlier of (A) the date on which the Company shall enter into a firm contract for the issuance of such Stock Purchase Rights, or (B) the date of actual issuance of such Stock Purchase Rights. The provisions of this SECTION Section 8.2(c) shall -------------- not apply to Stock Purchase Rights issued in connection with the Company Rights Offering.

Issuance of Stock Purchase Rights. In case the Company shall issue or sell any Stock Purchase Rights and the consideration per share for which additional shares of Common Stock Shares may at any time thereafter be issuable upon exercise thereof (or, in the case of Stock Purchase Rights exercisable for the purchase of Convertible Securities, upon the subsequent conversion or exchange of such Convertible Securities) shall be less than the then Market Price Fair Value per share, then the Exercise Price Number of shares of Non-Voting Common Stock issuable under this Warrant shall be adjusted as provided in SECTION 8.2(bSubsection (b) of this Section 4.2 on the basis that (Ii) the maximum number of additional shares of Common Stock Shares issuable upon exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities following such exercise) shall be deemed to have been issued as of the date of the determination of the Market Pricesuch adjustment, Fair Value, as hereinafter provided, and (IIii) the aggregate consideration received for such additional shares of Common Stock Shares shall be deemed to be the minimum consideration received and receivable by the Company in connection with the issuance and exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities). For the purposes of this SECTION 8.2(cSubsection (c), (i) the date as of which the Market Price adjustment of the Number of shares of Non- Voting Common Stock issuable under this Warrant shall be determined computed shall be the earlier of (A) the date on which the Company shall enter into a firm contract for the issuance of such Stock Purchase Rights, or (B) the date of actual issuance of such Stock Purchase Rights. The provisions , and (ii) the date as of this SECTION 8.2(c) which the Fair Value per share of Common Shares shall not apply to Stock Purchase Rights issued in connection with be computed shall be the last day of the most recently completed fiscal period of the Company Rights Offeringfor which financial statements have been delivered pursuant to ARTICLE VI prior to the earlier of the dates determined pursuant to clauses (A) and (B) above.

Issuance of Stock Purchase Rights. In case the Company shall issue or sell any Stock Purchase Rights and the consideration per share for which additional shares of Common Stock may at any time thereafter be issuable upon exercise thereof (or, in the case of Stock Purchase Rights exercisable for the purchase Purchase of Convertible Securities, upon the subsequent conversion or exchange of such Convertible Securities) shall be less than the then Market Price Fair Value per share, then the Exercise Price Number of shares of Class A Non-Voting Stock issuable under this Warrant shall be adjusted as provided in SECTION 8.2(bSubsection (b) of this Section 4.2 on the basis that (Ii) the maximum number of additional shares of Common Stock issuable upon exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities following such exercise) shall be deemed to have been issued as of the date of the determination of the Market Pricesuch adjustment, Fair Value, as hereinafter provided, and (IIii) the aggregate consideration received for such additional shares of Common Stock shall be deemed to be the minimum consideration received and receivable by the Company in connection with the issuance and exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities). For the purposes of this SECTION 8.2(cSubsection (c), (i) the date as of which the Market Price adjustment of the Number of shares of Class A Non-Voting Stock issuable under this Warrant shall be determined computed shall be the earlier of (A) the date on which the Company shall enter into a firm contract for the issuance of such Stock Purchase Rights, or (B) the date of actual issuance of such Stock Purchase Rights. The provisions , and (ii) the date as of this SECTION 8.2(c) which the Fair Value per share of Common Stock shall not apply to Stock Purchase Rights issued in connection with be computed shall be the last day of the most recently completed fiscal period of the Company Rights Offeringfor which financial statements have been delivered pursuant to ARTICLE VI prior to the earlier of the dates determined pursuant to clauses (A) and (B) above.

Issuance of Stock Purchase Rights. In case the event that the Company shall issue or sell any Stock Purchase Rights and the consideration per share for which additional shares of Common Stock may at any time thereafter be issuable upon exercise thereof (or, in the case of Stock Purchase Rights exercisable for the purchase of Convertible Securities, upon the subsequent conversion or exchange of such Convertible Securities) shall be less than the then Market Price Fair Value per shareshare of Common Stock immediately prior to the issuance of such Stock Purchase Rights, the Exercise Purchase Price shall be adjusted as provided in SECTION 8.2(bSubsection (b) of this Section 3.2 on the basis that (Ii) the maximum number of additional shares of Common Stock issuable upon exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities following such exercise) shall be deemed to have been issued as of the date of the determination issuance of the Market Price, such Stock Purchase Rights as hereinafter provided, provided and (IIii) the aggregate consideration received for such additional shares of Common Stock shall be deemed to be the minimum consideration received and or receivable by the Company in connection with the issuance and exercise of such Stock Purchase Rights (or upon conversion or exchange of such Convertible Securities). For the purposes of this SECTION 8.2(cSubsection (c), the date as of which the Market Price such Stock Purchase Rights shall be determined deemed to be issued shall be the earlier of (A) the date on which the Company shall enter into a firm contract for the issuance of such Stock Purchase Rights, or (B) the date of actual issuance of such Stock Purchase Rights. The provisions of this SECTION 8.2(c) shall not apply to Stock Purchase Rights issued in connection with the Company Rights Offering.