Common use of Dilutive Effect Clause in Contracts

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes Certificate of Designation and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue the Conversion Shares and Warrant Shares upon conversion of the Notes Acquired Shares or Warrant, as the case may be, in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, therewith is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to (i) issue Conversion Shares upon conversion an Optional Conversion of the Notes in accordance with this Agreement and the Notes Note, and (ii) its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes, and, the Warrant Shares issuable upon exercise of the Warrants, will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue the Conversion Shares and Warrant Shares upon conversion of the Notes in accordance with this Agreement Preferred Shares and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and Warrant, as the Warrantscase may be, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its it has an obligation to issue Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes Series A Certificate of Designation and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional Warrants regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its it has an obligation to issue the Conversion Shares upon the conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes Series A Certificate of Designation and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional Warrants regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and further acknowledges that its obligation to issue Conversion Shares upon conversion pursuant to the terms of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue the Conversion Shares and Warrant Shares upon conversion of the Notes in accordance with this Agreement Preferred Shares and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, isas the case may be, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Shares issuable upon conversion of the Note and the Other Notes and upon exercise of the Warrant and the Other Warrants will be substantial and may increase in certain circumstances. The Company further acknowledges that, subject to the terms and conditions of the Transaction Documents, its obligation to issue Conversion Shares upon conversion of the Notes Note and upon exercise of the Warrant in accordance with this Agreement Agreement, the Note and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and further acknowledges that its obligation to issue the (i) Conversion Shares upon conversion pursuant to the terms of the Notes Exchange Note in accordance with this Agreement and the Notes and its obligations to issue Exchange Note, (ii) the Warrant Shares upon the exercise of the Warrants Exchange Warrant in accordance with this Agreement and the Warrants, Exchange Warrant and (iii) the Exchange Shares in accordance with this Agreement is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its it has an obligation to issue Conversion Shares upon the conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes Series A Certificate of Designation and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional Warrants regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement Agreement, the Notes and the Warrants, is, in each case, Warrants is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue the Conversion Shares upon conversion of the Notes Acquired Shares in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, therewith is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue the Conversion Shares upon conversion of the Acquired Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares Securities upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise Certificate of the Warrants in accordance with this Agreement and the Warrants, is, in each case, Designation is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion the Note Shares upon conversion of the Notes Note in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, therewith is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion the Note Shares upon conversion pursuant to the terms of the Notes in accordance with the terms thereof and this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes Certificate of Designation and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes Certificate of Designation and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement Agreement, the Warrants, and the WarrantsInitial Transaction Documents, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares (i) shares of common stock upon the conversion of the Notes in accordance with this Agreement Note and the Notes and its obligations to issue (ii) the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, is absolute and unconditional unconditional, regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and further acknowledges that its obligation to issue Conversion Shares upon conversion pursuant to the terms of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion the Note Shares upon conversion of the Notes Note in accordance with this Agreement and the Notes Note and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders shareholders of the Company, subject to the provisions of the Transaction Documents and applicable law.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion the Note Shares upon conversion of the Notes Note in accordance with this Agreement and the Notes Note and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants Warrant in accordance with this Agreement and the Warrants, Warrant is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders shareholders of the Company, subject to the provisions of the Transaction Documents and applicable law.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue the Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes Certificate of Designations, the Dividend Shares in accordance with this Agreement and its obligations to issue the Certificate of Designations and the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, Warrants is absolute and unconditional (other than the conditions set forth herein, in the Certificate of Designations and in the Warrants, respectively) regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its it has an obligation to issue Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes Series B Certificate of Designation and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional Warrants regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and further acknowledges that its obligation obligations to issue the Conversion Shares and the Warrant Shares upon conversion of the Notes in accordance with this Agreement Preferred Stock and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement Agreement, the Certificate of Designation and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to (i) issue Preferred Stock upon conversion of the Notes and Conversion Shares upon conversion of the Notes and Preferred Stock in accordance with this Agreement Agreement, the Note and the Notes Certificate of Designation, and (ii) its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Note in accordance with this Agreement and the Notes Note and its obligations to issue the Warrant Shares upon the exercise of the Warrants Warrant in accordance with this Agreement and the WarrantsWarrant, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue the Conversion Shares upon conversion of the Notes in accordance with this Agreement Preferred Stock and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement Agreement, the Certificates of Designation and the Warrants, is, in each case, Warrants is absolute and unconditional (other than the conditions set forth in this Agreement, in the Certificates of Designation and in the Warrants), regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes Certificate of Designation and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the WarrantsNotes, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue the Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional (subject to any limitations on conversion or exercise as set forth in the Notes and in the Warrants, respectively) regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes Certificate of Designation and its obligations to issue the Warrant Warrants Shares upon the exercise conversion of the Warrants Warrant Preferred Shares in accordance with this Agreement Agreement, the Certificate of Designation and the Warrants, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes Certificate of Designation and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders shareholders of the Company.

Dilutive Effect. The Company understands and further acknowledges that its obligation to issue the Conversion Shares upon conversion pursuant to the terms of the Exchange Notes in accordance with this Agreement and the Exchange Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants Exchange Warrant in accordance with this Agreement and the Warrants, Exchange Warrant is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its it has an obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional Warrants regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue (x) Conversion Shares upon conversion of the Series B Preferred Shares in accordance with the Securities Purchase Agreement and the Certificate of Designations, (y) Note Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the (z) Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue the Conversion Shares upon the conversion of the Notes any Note in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement Preferred Shares and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement Agreement, the Certificate of Designation and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to (i) issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes Note, and (ii) its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to (i) issue the Conversion Shares upon conversion of the Notes in accordance with this Agreement Note and the Notes and (ii) its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrant is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares Company shares upon conversion of the Notes Note in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, Note is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders shareholders of the Company, subject to the provisions of the Transaction Documents and applicable law.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Series A Shares in accordance with this Agreement and the Notes Certificate of Designation and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.. (gg)

Dilutive Effect. The Company understands and acknowledges ---------------- that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Debenture in accordance with this Agreement and the Notes Debenture and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares shares of Common Stock upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, Notes is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Notes Certificate of Designation and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable pursuant to terms of the Notes. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion pursuant to the terms of the Notes in accordance with this Agreement and the Notes and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.