Common use of Issuance of Rights or Warrants Clause in Contracts

Issuance of Rights or Warrants. In case the Company shall issue rights, warrants or options to all or substantially all holders of Common Stock then entitled for a period expiring within forty-five (45) days from the date of issuance of the rights, warrants or options to subscribe for or purchase shares of Common Stock at a price per share less than the Current Market Price per share of Common Stock on the date fixed for the determination of stockholders entitled to receive such rights, warrants or options (other than any rights, warrants or options that (x) by their terms will also be issued to any Holder upon conversion of a Note into shares of Common Stock without any action required by the Company or any other Person or (y) are distributed to shareholders of the Company upon a merger or consolidation in compliance with Section 4.09 hereof), then the Conversion Rate in effect at the opening of business on the day following the date fixed for such determination shall be increased by dividing such Conversion Rate by a fraction:

Issuance of Rights or Warrants. In case the Company shall issue rights, rights or warrants or options to all or substantially all holders of its Common Stock then entitled entitling them for a period expiring within forty-five (45) 60 days from the date of issuance of the rights, rights or warrants or options to subscribe for or purchase shares of Common Stock at a price per share less than the Current Market Price per share of Common Stock on the date fixed for the determination of stockholders entitled to receive such rights, rights or warrants or options (other than any rights, options or warrants or options that (x) by their terms will also be issued to any Holder holder upon conversion of a Note into shares of Common Stock without any action required by the Company or any other Person or (y) are distributed to shareholders of the Company upon a merger or consolidation in compliance with Section 4.09 11.01 hereof), then the Conversion Rate in effect at the opening of business on the day following the date fixed for such determination shall be increased by dividing such Conversion Rate by a fraction:

Issuance of Rights or Warrants. In case the Company shall issue rights, rights or warrants or options to all or substantially all holders of its Common Stock then entitled entitling them for a period expiring within forty-five (45) 60 days from the date of issuance of the rights, rights or warrants or options to subscribe for or purchase shares of Common Stock at a price per share less than the Current Market Price per share of Common Stock on the date fixed for the determination of stockholders entitled to receive such rights, rights or warrants or options (other than any rights, options or warrants or options that (x) by their terms will also be issued to any Holder upon conversion of a Note into shares of Common Stock without any action required by the Company or any other Person or (y) are distributed to shareholders of the Company upon a merger or consolidation in compliance with Section 4.09 8.09 hereof), then the Conversion Rate in effect at the opening of business on the day following the date fixed for such determination shall be increased by dividing such Conversion Rate by a fraction:

Issuance of Rights or Warrants. In case the Company shall issue rights, rights or warrants or options to all or substantially all holders of its Common Stock then entitled entitling them for a period expiring within forty-five (45) 45 days from the date of issuance of the rights, rights or warrants or options to subscribe for or purchase shares of Common Stock at a price per share less than the Current Market Price per share of Common Stock on the date fixed for the determination of stockholders entitled to receive such rights, rights or warrants or options (other than any rights, options or warrants or options that (x) by their terms will also be issued to any Holder upon conversion of a Note Debenture into shares of Common Stock without any action required by the Company or any other Person or (y) are distributed to shareholders of the Company upon a merger or consolidation in compliance with Section 4.09 13.09 hereof), then the Conversion Rate in effect at the opening of business on the day following the date fixed for such determination shall be increased by dividing such Conversion Rate by a fraction: