Other Issuances of Common Stock. Unless the holder of this Warrant shall otherwise agree, if at any time there shall be any increase in the number of shares of Common Stock outstanding or which the Company is obligated to issue, or covered by any option, warrant, or convertible security which is outstanding or which the Company is obligated to issue, then the number of shares of Common Stock to be received by the holder of this Warrant shall be adjusted to that number determined by multiplying the number of shares of Common Stock purchasable hereunder prior thereto by a fraction (i) the numerator of which shall be the number of shares of Common Stock outstanding or which the Company is obligated to issue, or covered by options, warrants, or convertible securities which the Company is obligated to issue, immediately after such increase, and (ii) the denominator of which shall be the number of shares of Common Stock outstanding or which the Company is obligated to issue, or covered by options, warrants, or convertible securities which are outstanding or which the Company is obligated to issue, immediately prior to such increase. Thereupon, the Exercise Price shall be correspondingly reduced so that the aggregate Exercise Price shall be correspondingly reduced so that the aggregate Exercise Price for all shares of Common Stock covered hereby shall remain unchanged. The provisions of this Section 7.2 shall not apply to any issuance of additional Common Stock for which an adjustment is provided under Section 7.1 hereof.
Other Issuances of Common Stock. Until the date on which the Original Designated Preferred Stockholder no longer holds the Designated Preferred Stock or any portion thereof, if the Corporation shall issue shares of Common Stock or Convertible Securities other than pursuant to a Permitted Transaction (as defined below) or a transaction for which Sections 11(a), 11(b) or 11(c) apply (a "Common Stock Issuance") without consideration or at a consideration per share (or having a conversion price per share) that is less than the Conversion Price in effect immediately prior to such Common Stock Issuance, then the Conversion Price in effect immediately prior to the Common Stock Issuance shall be decreased to the number obtained by multiplying such Conversion Price by a fraction (A) the numerator of which shall be the sum of (1) the number of shares of Common Stock of the Corporation outstanding immediately prior to the Common Stock Issuance and (2) the number of additional shares of Common Stock which the aggregate consideration receivable by the Corporation for the total number of shares of Common Stock issued (or into which Convertible Securities may be exercised or converted) in connection with the Common Stock Issuance would purchase at the Conversion Price in effect immediately prior to such Common Stock Issuance and (B) the denominator of which shall be the sum of (1) the number of shares of Common Stock outstanding immediately prior to the Common Stock Issuance and (2) the number of shares of Common Stock issued (or into which Convertible Securities may be exercised or converted) in connection with the Common Stock Issuance.
Other Issuances of Common Stock. (a) If at any time there shall occur any issuance or sale (including by way of any adjustment to the conversion price of any preferred stock of the Company or other like security of the Company) by the Company of any shares of Common Stock or of any securities convertible into or exchangeable for shares of Common Stock or any warrants, options, subscriptions or purchase rights with respect to shares of Common Stock or securities convertible into or exchangeable for shares of Common Stock (any of the foregoing events being referred to herein as a “Stock Sale Event” and the securities issued in connection therewith being referred to herein as “New Securities”), so that the New Security Price Per Share (as defined herein) of such newly issued securities is in excess of the Exercise Price, but is less than the then-current fair market value of such securities (as determined in good faith by the Board of Directors of the Company), the Exercise Price shall be reduced by an amount equal to the difference between the then-current fair market value of such securities and the New Security Price Per Share; provided that in no event shall the Exercise Price be reduced to less than the par value of the Common Stock. For purposes hereof, “
Other Issuances of Common Stock. Subject to Section 7.3 and unless the Holder of this Warrant shall otherwise agree, if at any time there shall be any increase in the number of shares of Common Stock outstanding or which the Company is obligated to issue, or covered by any option, warrant or convertible security which is outstanding or which the Company is obligated to issue, then the number of shares of Common Stock to be received by the holder of this Warrant shall be adjusted to that number determined by multiplying the number of shares of Common Stock purchasable hereunder prior thereto by a fraction (i) the numerator of which shall be the number of shares of Common Stock outstanding (on a fully diluted basis) immediately after such increase, and (ii) the denominator of which shall be the number of shares of Common Stock outstanding (on a fully diluted basis) immediately prior to such increase. Thereupon, the Exercise Price shall be correspondingly reduced so that the aggregate Exercise Price for all shares of Common Stock covered hereby shall remain unchanged.
Other Issuances of Common Stock. (a) If the Company shall at any ----- --------- -- ------ ----- time or from time to time issue or sell any additional shares of Common Stock without consideration or for a consideration per share less than the Exercise Price in effect immediately prior to such issuance, then the Exercise Price shall be adjusted to a price determined by dividing (a) an amount equal to the sum of (i) the product of (A) the number of shares of Common Stock outstanding immediately prior to such issue or sale multiplied by (B) the then existing Exercise Price plus (ii) the consideration, if any, received by the Company upon such issue or sale by (b) the total number of shares of Common Stock outstanding immediately after such issue or sale.
Other Issuances of Common Stock. 27 SECTION 7.1. Equity Offering Adjustment to Purchase Price................................................... 27 SECTION 7.2. Other Adjustments to Purchase Price............................................................ 27 VIII.
Other Issuances of Common Stock. Until the date on which the Original Designated Preferred Stockholder no longer holds the Designated Preferred Stock or any portion thereof, if the Corporation shall issue shares of Common Stock or Convertible Securities other than pursuant to a Permitted Transaction (as defined below) or a transaction for which Section 11(a) applies (a "Common Stock Issuance") without consideration or at a consideration per share (or having a conversion price per share) that is less than the Conversion Price in effect immediately prior to such Common Stock Issuance, then the Conversion Price in effect immediately prior to the Common Stock Issuance shall be decreased to the number obtained by multiplying such Conversion Price by a fraction (A) the numerator of which shall be the sum of
Other Issuances of Common Stock. If the Company shall issue any Common Stock for a consideration per share less than the Conversion Price (other than (i) shares issued pursuant to options outstanding on and as of the date hereof, (ii) any options which may in the future be granted under the AMRE, Inc. Stock Option Plan with Limited Stock Appreciation Rights and (iii) any options issued pursuant to agreements with Davix Xxxxx) xxmediately prior to such issuance, the Conversion Price shall immediately be reduced to such consideration. For the purpose of any adjustment of the Conversion Price pursuant to this paragraph "E", the following provisions shall be applicable:
Other Issuances of Common Stock. If the Company shall issue any Additional Shares of Common Stock after the Issuance Date for a consideration per share less than the Trigger Price immediately prior to such issuance, then and in each such case the Series B Conversion Price shall immediately be reduced to a price determined by multiplying the Series B Conversion Price by a fraction (i) the numerator of which shall be (A) the number of shares of Common Stock outstanding at the close of business on the day next preceding the date of such issue, plus (B) the number of shares of Common Stock which the aggregate consideration received (or by the express provisions hereof deemed to have been received) by the Company for the total number of Additional Shares
Other Issuances of Common Stock. (i) If the Company shall at any time or from time to time after the date hereof issue or sell any additional shares of Common Stock without consideration or for a consideration per share less than the Exercise Price in effect immediately prior to such issuance, excluding the issuance of any additional shares of Common Stock pursuant to the exercise of options or warrants outstanding prior to the date of the Purchase Agreement, then the Exercise Price shall be adjusted to a price determined by dividing (A) an amount equal to the sum of (1) the product of (a) the number of shares of Common Stock outstanding immediately prior to such issue or sale multiplied by (b) the then existing Exercise Price plus (2) the consideration, if any, received by the Company upon such issue or sale by (B) the total number of shares of Common Stock outstanding immediately after such issue or sale.
