Common use of Lower Priced Clause in Contracts

Lower Priced. From the date hereof until such time as the Convertible Debenture or Warrants are no longer outstanding, the Company will not, without either (i) the consent of the Purchaser, or (ii) (A) having prepaid the Convertible Debenture pursuant to the terms thereof, or (B) having first lowered the Conversion Price of the Convertible Debenture to such lower price with having obtained the necessary regulatory approval, issue any Common Stock or Common Stock Equivalents with a conversion or exercise price lower than the Conversion Price and Exercise Price then in effect.

Lower Priced. From the date hereof until such time as the Convertible Debenture or Warrants are no longer outstanding, the Company will not, without either (i) the consent of the PurchaserPurchasers, or (ii) (A) having prepaid the Convertible Debenture pursuant to the terms thereof, or (B) having first lowered the Conversion Price of the Convertible Debenture to such lower price with having obtained the necessary regulatory approval, issue any Common Stock or Common Stock Equivalents with a conversion or exercise price lower than the Conversion Price and Exercise Price then in effect.