Required Adjustments. If prior to the Effective Date the Company issues or sells any shares of its Common Stock or Common Stock Equivalents (other than Exempt Issuances) at a Subsequent Issuance Selling Price lower than the Per Share Purchase Price, then, in each case, the Per Share Purchase Price hereunder shall be adjusted downward to equal such lower Subsequent Issuance Selling Price and the Purchasers shall be entitled to receive additional shares of Common Stock (“Additional Shares”) and warrants (“Additional Warrants”) to purchase shares of Common Stock (“Additional Warrant Shares”) as set forth in Section 4.16(b) below, subject to Section 4.16(c) below. The Company shall furnish to the Purchasers written notice of, and issue a press release announcing, any such sale within 24 hours of the closing of any such issuance or sale. The term “Shares”, “Warrants” and “Warrant Shares” as used in this Agreement shall include the Additional Shares, Additional Warrants and Additional Warrant Shares issued to the Purchasers pursuant to this Section 4.16.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Xenonics Holdings, Inc.), Securities Purchase Agreement (Xenonics Holdings, Inc.)