Upon Issuance of Common Stock. If, at any time or from time to time after the Original Issue Date, the Company shall issue any shares of Common Stock, options to purchase or rights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities, other than Excluded Stock, without consideration or for consideration per share less than either (x) the Exercise Price in effect immediately prior to such issuance or (y) the Fair Market Value per share of the Common Stock immediately prior to such issuance, then such Exercise Price shall forthwith be lowered to a price equal to the price obtained by multiplying:
Upon Issuance of Common Stock. If the Company shall, at any time or from time to time after the Original Issue Date, issue any shares of Common Stock, options to purchase or rights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities without consideration or for consideration per share less than the Current Market Price, then each of the Exchange Price and the Conversion Amount shall forthwith be lowered to a price equal to the price obtained by multiplying:
Upon Issuance of Common Stock. If the Company shall, at any time ----------------------------- or from time to time after the Original Issuance Date, issue any shares of Common Stock, options to purchase or rights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities, other than shares of Series A Preferred Stock, Series B Preferred Stock or Excluded Stock, without consideration or for consideration per share less than either (x) the Exercise Price or (y) the Fair Value of the Common Stock, in effect immediately prior to the issuance of such Common Stock or securities, then such Exercise Price shall forthwith be lowered to a price equal to the price obtained by multiplying:
Upon Issuance of Common Stock. If the Company shall, at any time or from time to time on or before the Expiration Date, issue any shares of Common Stock, options to purchase or rights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities (in each case, other than an issuance of Excluded Securities (as defined below)) in any transaction approved by a majority of the disinterested members of the board of directors of the Company without consideration or for consideration per share less than the Fair Market Value, then the Exercise Price shall forthwith be lowered (but not increased) to a price equal to the price obtained by multiplying:
Upon Issuance of Common Stock. If the Company shall, at any time or from time to time after the date hereof (the "Original Issue Date"), issue (a) any shares of Common Stock other than options to purchase or rights to subscribe for Common Stock (other than an issuance of Common Stock as a dividend, subdivision or split in respect of which the adjustment provided for in Section 4.3 applies), (b) securities by their terms convertible into or exchangeable for Common Stock, or (c) options to purchase or rights to subscribe for such convertible or exchangeable securities, without consideration or for consideration per share less than the applicable Per Share Exercise Price in effect immediately prior to the issuance of such Common Stock or securities, then such applicable Per Share Exercise Price shall forthwith be lowered to a price equal to the price obtained by multiplying:
Upon Issuance of Common Stock. If the Company shall, at any time or from time to time after the Original Issuance Date, issue any shares of Common Stock (other than an issuance of Common Stock as a dividend or in a split of or subdivision in respect of which the adjustment provided for in Section 5(e)(iv) applies), options to purchase or rights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities (other than Excluded Stock (as defined below)) without consideration or for consideration per share less than the Conversion Price in effect immediately prior to such issuance, then such Conversion Price shall forthwith be lowered to a price equal to the price obtained by multiplying:
Upon Issuance of Common Stock. If the Company shall, at any time or from time to time after the Original Issuance Date, issue any shares of Common Stock, options to purchase or rights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities, other than shares of Series B Preferred Stock issued to the Purchaser or Excluded Securities, without consideration or for consideration per share less than either (a) the Exercise Price or (b) the Fair Value of the Common Stock, in each case, in effect immediately prior to the issuance of such Common Stock or securities, then such Exercise Price shall forthwith be adjusted to a price equal to the lower of (x) the Exercise Price in effect immediately prior thereto, or (y) the lowest consideration per share for which such shares of Common Stock or such options, rights or convertible or exchangeable securities are issued (plus the additional consideration required to be paid upon exercise, exchange or conversion of such options, rights or convertible or exchangeable securities).
Upon Issuance of Common Stock. If the Company shall, at any time or from time to time after the Original Issue Date, issue to any Person other than the Holder or any of its Affiliates any shares of Common Stock, securities by their terms convertible into or exchangeable for Common Stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities, other than Excluded Stock, without consideration or for consideration per share less than the Exercise Price in effect immediately prior to the issuance of such Common Stock, then such Exercise Price shall forthwith be lowered to a price equal to the consideration per share for which such Common Stock, securities or options were issued.
Upon Issuance of Common Stock. If the Company shall, at any time or from time to time after the Original Issue Date, issue any shares of Common Stock, options to purchase or rights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities without consideration or for consideration per share less than the greater of (x) the Dilution Price in effect immediately prior to the issuance of such Common Stock or securities and (y) the Fair Market Value per share of the Common Stock immediately prior to such issuance (the greater of (x) and (y), the “Reference Price”), then such Exercise Price shall forthwith be lowered to a price equal to the price obtained by multiplying:
Upon Issuance of Common Stock. If the Company shall, at any time or from time to time after April 14, 2000, issue any shares of Common Stock, options to purchase or rights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities, other than Series D Preferred Stock or Excluded Securities, without consideration or for consideration per share less than either (x) the Conversion Price in effect immediately prior to the issuance of such Common Stock or securities or (y) the Daily Market Price of the Common Stock on the Business Day on which the pricing of such issuance occurs, then the Conversion Price shall forthwith be adjusted to a price equal to the lower of (I) the Conversion Price in effect immediately prior thereto, or (II) the lowest consideration per share for which such shares of Common Stock or such options, rights or convertible or exchangeable securities are issued (plus the additional consideration required to be paid upon exercise, exchange or conversion of such options, rights or convertible or exchangeable securities).
