Common use of Upon Dilutive Issuances Clause in Contracts

Upon Dilutive Issuances. If the Company shall issue or sell shares of its Common Stock or "Common Stock Equivalents" (as defined in Section 5.4.2 below) without consideration or at a price per share or "Net Consideration Per Share" (as defined in Section 5.4.3 below) less than the Conversion Price in effect immediately prior to such issuance or sale, then in each such case the Conversion Price, except as hereinafter provided, shall be lowered so as to be equal to the greater of (1) the net aggregate consideration, if any, received or receivable by the Company for the total number of such additional shares of Common Stock so issued or deemed to be issued divided by the number of shares of Common Stock so issued or deemed to be issued, or (2) $0.001.

Upon Dilutive Issuances. If the Company shall issue or sell shares of its Common Stock or "“Common Stock Equivalents" ” (as defined in Section 5.4.2 below) without consideration or at a price per share or "“Net Consideration Per Share" ” (as defined in Section 5.4.3 below) less than the Conversion Price in effect immediately prior to such issuance or sale, then in each such case the Conversion Price, except as hereinafter provided, shall be lowered so as to be equal to the greater of (1) the net aggregate consideration, if any, received or receivable by the Company for the total number of such additional shares of Common Stock so issued or deemed to be issued divided by the number of shares of Common Stock so issued or deemed to be issued, or (2) $0.001.