Common use of Issuance of Convertible Securities Clause in Contracts

Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible Securities and the price per share for which Common Stock is issuable upon such conversion or exchange is less than the Conversion Price in effect immediately prior to the time of such issue or sale, then the maximum number of shares of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchange" is determined by dividing (A) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No adjustment of the Conversion Price shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue or sale of such Convertible Securities is made upon exercise of any Options for which adjustments of the Conversion Price had been or are to be made pursuant to other provisions of this Section 9.4, no further adjustment of the Conversion Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible Securities and the price per share for which Common Stock is issuable upon such conversion or exchange is less than the Conversion Price in effect immediately prior to the time of such issue or sale, then the maximum number of shares of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchange" is determined by dividing (A) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No adjustment of the Conversion Price shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue or sale of such Convertible Securities is made upon exercise of any Options for which adjustments of the Conversion Price had been or are to be made pursuant to other provisions of this Section 9.4paragraph 3(c), no further adjustment of the Conversion Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible convertible securities after the Original Issue Date, other than Excluded Securities or Other Securities issued or deemed to have been issued in connection with an Approved Stock Plan, and the lowest price per share for which one share of Common Stock is issuable upon such the conversion or exchange thereof is less than the Conversion Price then in effect immediately prior to the time of such issue or saleeffect, then the maximum number of shares such share of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the issuance or sale of such convertible securities for such price per share. For the purposes of this paragraphSection 5.01(b)(ii), the "lowest price per share for which one share of Common Stock is issuable upon such conversion or exchange" is determined by dividing exchange shall be equal to the sum of the lowest amounts of consideration (Aif any) the total amount received or receivable by the Company as consideration for with respect to one share of Common Stock upon the issue issuance or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company convertible security and upon the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securitiesconvertible security. No further adjustment of the Conversion Price shall be made upon the actual issue issuance of such Common Stock upon conversion or exchange of such Convertible Securitiesconvertible securities, and if any such issue or sale of such Convertible Securities convertible securities is made upon exercise of any Options for which adjustments adjustment of the Conversion Price had been or are to be made pursuant to other provisions of this Section 9.45.01(b), no further adjustment of the Conversion Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible Securities and the lowest price per share for which one share of Common Stock is issuable upon such conversion the conversion, exercise or exchange thereof is less than the Conversion Price in effect immediately prior to the time of such issue or saleApplicable Price, then the maximum number of shares such share of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the issuance or sale of such Convertible Securities for such price per share. For the purposes of this paragraphSection 6(e)(i)(y), the "lowest price per share for which one share of Common Stock is issuable upon such conversion the conversion, exercise or exchangeexchange thereof" is determined by dividing shall be equal to the sum of the lowest amounts of consideration (Aif any) the total amount received or receivable by the Company as consideration for with respect to one share of Common Stock upon the issue issuance or sale of the Convertible Security and upon conversion, exercise or exchange of such Convertible Securities, plus Security. No further adjustment of the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion Conversion Price or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No adjustment of subject to the Conversion Price Rights shall be made upon the actual issue issuance of such shares of Common Stock upon conversion conversion, exercise or exchange of such Convertible Securities, and if any such issue or sale of such Convertible Securities is made upon exercise of any Options for which adjustments adjustment of the its Conversion Price had Rights has been or are is to be made pursuant to other provisions of this Section 9.46(e), no further adjustment of the Conversion Price or number of shares of Common Stock subject to the Conversion Rights shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible Securities and the price per share for which Common Stock is issuable upon such conversion or exchange is less than the Conversion Price Fair Market Value per share of the Common Stock then in effect immediately prior to the time of such issue or saleeffect, then the maximum number of shares of Common Stock then issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of this paragraph, the "“price per share for which Common Stock is issuable upon such conversion or exchange" ” is determined by dividing (A) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, then payable to the Company upon the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock then issuable upon the conversion or exchange of all such Convertible Securities. No further adjustment of the Conversion Exercise Price shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue or sale of such Convertible Securities is made upon exercise of any Options for which adjustments of the Conversion Exercise Price had have been or are to be made pursuant to other provisions of this Section 9.42B, no further adjustment of the Conversion Exercise Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible Securities and the price per share for which Common Stock is issuable upon such conversion or exchange is less than that the Conversion Warrant Price in effect immediately prior to the time of such issue issuance or sale, then the maximum number of shares of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of this paragraph, the "price per share for which Common common Stock is issuable upon such conversion or exchange" is determined by dividing (A) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No further adjustment of the Conversion Warrant Price shall be made upon the actual issue issuance of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue issuance or sale of such Convertible Securities is made upon exercise of any Options for which adjustments adjustment of the Conversion Warrant Price had has been or are is to be made pursuant to other provisions of this Section 9.44(b), no further adjustment of the Conversion Warrant Price shall be made by reason of such issue issuance or sale.

Issuance of Convertible Securities. If at any time after the Issuance Date the Company in any manner issues or sells any Convertible Securities (other than the Underlying Shares or shares of Common Stock deemed to have been issued by the Company in connection with an Approved Stock Plan (as defined below) or shares of Common Stock issuable upon the exercise of any options or warrants outstanding on the date hereof and listed in Schedule 2.1(c) of the Purchase Agreement or shares of Common Stock issued or deemed to have been issued as consideration for an acquisition by the Company of a division, assets or business (or stock constituting any portion thereof) from another Person) and the price per share for which Common Stock is issuable upon such conversion or exchange is less than the Conversion Price in effect immediately prior to the time of such issue issuance or sale, then the maximum number of shares of Common Stock issuable upon conversion or exchange of all such Convertible Securities Conversion Price shall be deemed adjusted to be outstanding and to have been issued and sold by equal the Company for such price per share. For the purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchange" is determined by dividing (A) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No adjustment of the Conversion Price shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue or sale of such Convertible Securities is made upon exercise of any Options for which adjustments adjustment of the Conversion Price had been or are to be made pursuant to other provisions of this Section 9.46(h)(i), no further adjustment of the Conversion Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any manner issues or ---------------------------------------- sells any Convertible convertible securities after the Original Issue Date, other than Excluded Securities or Other Securities issued or deemed to have been issued in connection with an Approved Stock Plan, and the lowest price per share for which one share of Common Stock is issuable upon such the conversion or exchange thereof is less than the Conversion Price then in effect immediately prior to the time of such issue or saleeffect, then the maximum number of shares such share of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the issuance or sale of such convertible securities for such price per share. For the purposes of this paragraphSection 5.01(b)(ii), the "lowest price per share for which one share of Common Stock is issuable upon such conversion or exchange" is determined by dividing exchange shall be equal to the sum of the lowest amounts of consideration (Aif any) the total amount received or receivable by the Company as consideration for with respect to one share of Common Stock upon the issue issuance or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company convertible security and upon the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securitiesconvertible security. No further adjustment of the Conversion Price shall be made upon the actual issue issuance of such Common Stock upon conversion or exchange of such Convertible Securitiesconvertible securities, and if any such issue or sale of such Convertible Securities convertible securities is made upon exercise of any Options for which adjustments adjustment of the Conversion Price had been or are to be made pursuant to other provisions of this Section 9.45.01(b), no further adjustment of the Conversion Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible Securities Security and the price per share for which Common Stock is Shares are issuable upon such the conversion or exchange of such Convertible Securities is less than the Conversion Price Current Market Value per Common Share in effect immediately prior to the time of such issue or sale, then the maximum number of shares of Common Stock Shares issuable upon conversion or exchange of all such Convertible Securities shall Security will be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of this paragraph, the "“price per share for which Common Stock is issuable upon such conversion or exchange" is Shares are issuable” will be determined by dividing (Ai) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (Bii) the total maximum number of shares of Common Stock Shares issuable upon the conversion or exchange of all such Convertible Securities. No further adjustment of the Conversion Price shall Warrant Number will be made when Common Shares are actually issued upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue or sale of such Convertible Securities is made upon exercise of any Options for which adjustments of the Conversion Price Warrant Number had been or are to be made pursuant to other provisions of this Section 9.4Agreement, no further adjustment of the Conversion Price shall Warrant Number will be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible Securities and the price per share for which Common Stock is issuable upon such conversion or exchange is less than the Conversion Exercise Price in effect immediately prior to the time of such issue issuance or sale, then the maximum number of shares of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchange" is determined by 5 168 dividing (A) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No further adjustment of the Conversion Exercise Price shall be made upon the actual issue issuance of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue issuance or sale of such Convertible Securities is made upon exercise of any Options for which adjustments adjustment of the Conversion Exercise Price had has been or are is to be made pursuant to other provisions of this Section 9.42B, no further adjustment of the Conversion Exercise Price shall be made by reason of such issue issuance or sale.

Issuance of Convertible Securities. If the Company Corporation in any manner issues or sells any Convertible Securities and the price per share for which Common Stock is issuable upon such conversion or exchange is less than the Conversion Price Fair Market Value thereof in effect immediately prior to the time of such issue or sale, then the maximum number of shares of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall will be deemed to be outstanding and to have been issued and sold by the Company Corporation for such price per share. For the purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchangeissuable" is will be determined by dividing (Ay) the total amount received or receivable by the Company Corporation as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company Corporation upon the conversion or exchange thereof, by (Bz) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No further adjustment of the Conversion Price shall will be made when Common Stock is actually issued upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue or sale of such Convertible Securities is made upon exercise of any Options for which adjustments of the Conversion Price had been or are to be made pursuant to other provisions of this Section 9.4paragraph (iv), no further adjustment of the Conversion Price shall will be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any ---------------------------------- manner issues or sells any Convertible Securities and the price per share for which Common Stock is issuable upon such conversion or exchange is less than the Conversion Price Fair Market Value per share of the Common Stock then in effect immediately prior to the time of such issue or saleeffect, then the maximum number of shares of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchange" is determined by dividing (A) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No further adjustment of the Conversion Common Exercise Price shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue or sale of such Convertible Securities is made upon exercise of any Options for which adjustments of the Conversion Common Exercise Price had have been or are to be made pursuant to other provisions of this Section 9.42B, no further adjustment of the Conversion Common Exercise Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company Corporation in any manner issues or sells any Convertible Securities and the having an exercise or conversion or exchange price per share for which of Common Stock is issuable upon such conversion or exchange which is less than the Conversion Market Price in effect immediately prior to determined as of the time date of such issue issuance or sale, then the maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company Corporation for such lower price per share. For the purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchange" exchange of Convertible Securities is determined by dividing (A) the total amount received or receivable by the Company Corporation as consideration for the issue issuance or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company Corporation upon the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No further adjustment of the Conversion Exercise Price shall be made upon the actual issue issuance of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue issuance or sale of such Convertible Securities is made upon exercise of any Options for which adjustments of the Conversion Exercise Price had been or are required to be made pursuant to other provisions of this Section 9.44.4.1(b), no further adjustment of the Conversion Exercise Price shall be made by reason of such issue issuance or sale.

Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible Securities and the price per share for which Common Stock is issuable upon such conversion or exchange thereof is less than the Conversion Market Price in effect immediately prior to the time determined as of such issue or saletime, then the maximum number of shares of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of this paragraphSection 3(b)(ii), the "price per share for which Common Stock is issuable upon such conversion or exchangeexchange thereof" is determined by dividing (A) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No further adjustment of the Conversion Exercise Price shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue or sale of such Convertible Securities is made upon exercise of any Options for which adjustments of the Conversion Exercise Price had been or are to be made pursuant to other provisions of this Section 9.43(b), no further adjustment of the Conversion Exercise Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible Securities Security and the price per share for which Common Stock is Shares are issuable upon such the conversion or exchange of such Convertible Securities is less than the Conversion Price Current Market Value per Common Share in effect immediately prior to the time of such issue or sale, then the maximum number of shares of Common Stock Shares issuable upon conversion or exchange of all such Convertible Securities shall Security will be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchangeShares are issuable" is will be determined by dividing (Ai) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (Bii) the total maximum number of shares of Common Stock Shares issuable upon the conversion or exchange of all such Convertible Securities. No further adjustment of the Conversion Price shall Warrant Number will be made when Common Shares are actually issued upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities, and if any such issue or sale of such Convertible Securities is made upon exercise of any Options for which adjustments of the Conversion Price Warrant Number had been or are to be made pursuant to other provisions of this Section 9.4Agreement, no further adjustment of the Conversion Price shall Warrant Number will be made by reason of such issue or sale.