Common use of Issuance of Warrants, Options or Other Rights Clause in Contracts

Issuance of Warrants, Options or Other Rights. If at any time the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Company is the surviving corporation) issue or sell, any warrants, options or other rights to subscribe for or purchase any Additional Shares of Common Stock or any Convertible Securities, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon the exercise of such warrants, options or other rights or upon conversion or exchange of such Convertible Securities shall be less than the Current Warrant Price or the Current Market Price in effect immediately prior to such issue or sale, then the number of shares for which this Warrant is exercisable and the Current Warrant Price shall be adjusted as provided in Section 4.3 on the basis that the maximum number of Additional Shares of Common Stock issuable pursuant to all such warrants, options or other rights or necessary to effect the conversion or exchange of all such Convertible Securities shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of actual issuance of such warrants, options or other rights. No further adjustment of the Current Warrant Price shall be made upon the actual issue of such Common Stock or of such Convertible Securities upon exercise of such warrants, options or other rights or upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities.

Issuance of Warrants, Options or Other Rights. If at any time the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Company is the surviving corporation) issue or sell, any warrants, options or other rights to subscribe for or purchase any Additional Shares of Common Stock or any Convertible Securities, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon the exercise of such warrants, options or other rights or upon conversion or exchange of such Convertible Securities shall be less than then the Current Warrant Price or the Current Market Price in effect immediately prior to such issue or sale, then the number of shares for which this Warrant is exercisable and the Current Warrant Price Assigned Value shall each be adjusted as provided in Section 4.3 on the basis that the maximum number of Additional Shares shares of Common Stock issuable pursuant to all such warrants, options or other rights or necessary to effect the conversion or exchange of all such Convertible Securities shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of actual issuance of such warrants, options or other rights. No further adjustment of the Current Warrant Price or Assigned Value shall be made upon the actual issue issuance of such shares of Common Stock or of such Convertible Securities upon exercise of such warrants, options or other rights or upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securitiesrights.

Issuance of Warrants, Options or Other Rights. If at any time the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Company is the surviving corporation) issue or sell, any warrants, options or other rights to subscribe for or purchase any Additional Shares of Common Stock or any Convertible Securities, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon the exercise of such warrants, options or other rights or upon conversion or exchange of such Convertible Securities shall be less than then the Current Warrant Price or the Current Market Price in effect immediately prior to such issue or sale, then the number of shares for which this Warrant is exercisable and the Current Warrant Price Assigned Value shall each be adjusted as provided in Section 4.3 on the basis that the maximum number of Additional Shares shares of Common Stock issuable pursuant to all such warrants, options option or other rights or necessary to effect the conversion or exchange of all such Convertible Securities shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of actual issuance of such warrants, options or other rights. No further adjustment of the Current Warrant Price or Assigned Value shall be made upon the actual issue issuance of such shares of Common Stock or of such Convertible Securities upon exercise of such warrants, options or other rights or upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securitiesrights.