Common use of Subsequent Rights Offerings Clause in Contracts

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (b) above, if at any time Parent grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender could have acquired if the Lender had held the number of shares of Common Stock acquirable upon complete conversion of this Note (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(aSection 5(a) and (b) above, if at any time Parent Borrower grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note and further conversion of such Conversion Shares into Common Stock (without regard to any limitations on exercise conversion hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 7(a) above, if at any time Parent the Corporation grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder of will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note such Holder’s Preferred Stock (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase RightsPurchase.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 6(a) above, if at any time Parent the Company grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which that the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 7(a) above, if at any time Parent the Corporation grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note such Holder’s Series C Preferred Stock (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 7(a) above, if at any time Parent the Corporation grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note such Holder’s Preferred Stock (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 5(a) above, if at any time Parent the Company grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property property, in each case, pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note Debenture (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (b) aboveIf Company, if at any time Parent grantswhile this Note is outstanding, issues shall issue rights, options or sells any warrants to all holders of shares of Common Stock Equivalents (and not to Holder) entitling them to subscribe for or rights to purchase stock, warrants, securities or other property pro rata to all or substantially all of the record holders of any class of shares of Common Stock (the “"Purchase Rights”"), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note (without regard to taking into account any limitations or restrictions on exercise hereof, if anythe convertibility of this Note) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (b) Section 5 above, if at any time Parent the Company grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note (without regard to any limitations on exercise hereof, if anyincluding without limitation, the Beneficial Ownership Limitation) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 7(a) above, if at any time Parent the Corporation grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note such Hxxxxx’s Preferred Stock (without regard to any limitations on exercise conversion hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (b) aboveIf Company, if at any time Parent grantswhile this Note is outstanding, issues shall issue rights, options or sells any warrants to all holders of shares of Common Stock Equivalents (and not to Holder) entitling them to subscribe for or rights to purchase stock, warrants, securities or other property pro rata to all or substantially all of the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note (without regard to taking into account any limitations or restrictions on exercise hereof, if anythe convertibility of this Note) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 5(a) above, if at any time Parent while the Note is outstanding the Company grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 5(a) above, if at any time Parent Borrower grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 9(a) above, if at any time Parent subsequent to the applicable Original Issue Date the Company grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note such Holder’s Series C Preferred Stock (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 7(a) above, if at any time Parent the Company grants, issues or sells any Common Stock Ordinary Shares Equivalents or rights to purchase shares, stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock Ordinary Shares (the “Purchase Rights”), then the Lender Holder of will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock Ordinary Shares acquirable upon complete conversion of this Note such Holder’s Preference Shares (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock Ordinary Shares are to be determined for the grant, issue or sale of such Purchase RightsRights .

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 7(a) above, if at any time Parent the Corporation grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note such Xxxxxx’s Preferred Stock (without regard to any limitations on exercise conversion hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (bSection 7(a) above, if at any time Parent the Corporation grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Lender Holder of will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Holder could have acquired if the Lender Holder had held the number of shares of Common Stock acquirable upon complete conversion of this Note such Holder’s Series A Preferred Stock (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Subsequent Rights Offerings. In addition to any adjustments pursuant to Sections 8(a) and (b4(a)-(c) above, if at any time Parent the Company grants, issues or sells any Common Stock Ordinary Share A Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock Ordinary Shares A (the “Purchase Rights”), then the Lender Investor will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Lender Investor could have acquired if the Lender Investor had held the number of shares of Common Stock Ordinary Shares A acquirable upon complete conversion exercise of this Note Warrant (without regard to any limitations on exercise hereof, if any) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock Ordinary Shares A are to be determined for the grant, issue or sale of such Purchase Rights.