Common use of Issuance of Rights or Warrants Clause in Contracts

Issuance of Rights or Warrants. In case the Company shall issue Common Stock or rights or warrants entitling the holders thereof to subscribe for or purchase Common Stock at a price per share less than the Current Market Price (as determined pursuant to clause (vii) below), the conversion price in effect immediately before the close of business on the record date fixed for the determination of Persons entitled to receive such Common Stock, rights or warrants shall be reduced by multiplying such conversion price by a fraction, of which the numerator is the sum of the number of shares of Common Stock outstanding at the close of business on such record date and the number of shares of Common Stock which the aggregate offering price of the total number of shares of Common Stock so offered for subscription or purchase would purchase at such Current Market Price and of which the denominator is the sum of the number of shares of Common Stock outstanding at the close of business on such record date and the number of additional shares of Common Stock so offered for subscription or purchase. For the purpose of this clause (iii), the issuance of rights or warrants to subscribe for or purchase securities convertible into Common Stock shall be deemed to be the issuance of rights or warrants to purchase the Common Stock into which such securities are convertible at an aggregate offering price equal to the sum of the aggregate offering price of such securities and the minimum aggregate amount (if any) payable upon conversion of such securities into Common Stock. Such adjustment shall be made successively whenever any such event shall occur. In case such rights or warrants are not issued after such a record date has been fixed, the conversion price shall be readjusted to the conversion price which would have been in effect if such record date had not been fixed.

Issuance of Rights or Warrants. In case the Company Issuer shall issue Common Stock or rights or warrants to all holders of its Common Stock entitling the holders thereof them to subscribe for or purchase shares of Common Stock (or securities convertible into Common Stock) at a price (or having a conversion price per share share) less than the "Current Market Price Price" of the Common Stock (as determined pursuant to clause (viidefined in Paragraph d of this Section below) below), the conversion price in effect immediately before the close of business on the record date fixed for mentioned below, the determination of Persons entitled to receive such Common Stock, rights or warrants Exercise Price shall be reduced adjusted so that the same shall equal the price determined by multiplying the Exercise Price in effect immediately prior to the date of such conversion price issuance by a fraction, the numerator of which the numerator is shall be the sum of the number of shares of Common Stock outstanding at on the close of business on such record date mentioned below and the number of additional shares of Common Stock which that the aggregate offering price of the total number of shares of Common Stock so offered for subscription (or purchase the aggregate conversion price of the convertible securities so offered) would purchase at such the "Current Market Price Price" per share of the Common Stock, and the denominator of which the denominator is shall be the sum of the number of shares of Common Stock outstanding at the close of business on such record date and the number of additional shares of Common Stock so offered for subscription or purchase. For the purpose of this clause purchases (iii), the issuance of rights or warrants to subscribe for or purchase securities convertible into Common Stock shall be deemed to be the issuance of rights or warrants to purchase the Common Stock into which such the convertible securities so offered are convertible at an aggregate offering price equal to the sum of the aggregate offering price of such securities and the minimum aggregate amount (if any) payable upon conversion of such securities into Common Stockconvertible). Such adjustment shall be made successively whenever any such event shall occur. In case such rights or warrants are not issued and shall become effective immediately after such a the record date has been fixedfor the determination of shareholders entitled to receive such rights or warrants; and, to the extent that shares of Common Stock are not delivered (or securities convertible into Common Stock are not delivered) after the expiration of such rights or warrants, the conversion price Exercise Price shall be readjusted to the conversion price which Exercise Price that would have been then be in effect if had the adjustment made upon the issuance of such record date had not rights or warrants been fixedmade upon the basis of delivery of only the number of shares of Common Stock (or securities convertible into Common Stock) actually delivered.

Issuance of Rights or Warrants. In case the Company shall issue Common Stock or rights or warrants to all or substantially all holders of its Common Stock entitling the holders thereof them (for a period of not more than 60 days following such issuance) to subscribe for or purchase shares of Common Stock (or securities convertible into Common Stock) at a price per share (or having a conversion price per share) less than the Current Market Price per share of Common Stock (as determined pursuant to clause in accordance with subsection (viib) below), the conversion price in effect immediately before the close of business this Section 4.6) on the record date fixed for the determination of Persons stockholders (the "Rights Determination Date") entitled to receive such Common Stock, rights or warrants warrants, the Conversion Price in effect immediately prior thereto shall be reduced adjusted so that the same shall equal the price determined by multiplying the Conversion Price in effect immediately prior to such conversion price Rights Determination Date by a fraction, fraction of which the numerator is the sum of shall be the number of shares of Common Stock outstanding at the close of business on such record date and Rights Determination Date plus the number of shares of Common Stock which the aggregate offering price of the total number of shares of Common Stock so offered for subscription (or purchase the aggregate conversion price of the convertible securities so offered, which shall be determined by multiplying the number of shares of Common Stock issuable upon conversion of such convertible securities by the conversion price per share of Common Stock pursuant to the terms of such convertible securities) would purchase at such the Current Market Price per share (as defined in subsection (b) of this Section 4.6) of Common Stock on such Rights Determination Date, and of which the denominator is the sum of shall be the number of shares of Common Stock outstanding at the close of business on such record date and Rights Determination Date plus the number of additional shares of Common Stock offered (or into which the convertible securities so offered for subscription or purchase. For the purpose of this clause (iiiare convertible), the issuance of rights or warrants to subscribe for or purchase securities convertible into Common Stock shall be deemed to be the issuance of rights or warrants to purchase the Common Stock into which such securities are convertible at an aggregate offering price equal to the sum of the aggregate offering price of such securities and the minimum aggregate amount (if any) payable upon conversion of such securities into Common Stock. Such adjustment shall be made successively whenever any such event rights or warrants are issued, and shall occurbecome effective immediately after such Rights Determination Date. In case If at the end of the period during which such rights or warrants are exercisable not issued after such a record date has all rights or warrants shall have been fixedexercised, the conversion price adjusted Conversion Price shall be immediately readjusted to the conversion price which what it would have been in effect if such record date had not been fixedbased upon the number of additional shares of Common Stock actually issued (or the number of shares of Common Stock issuable upon conversion of convertible securities actually issued).

Issuance of Rights or Warrants. In case the Company Corporation shall issue to holders of Common Stock or rights or warrants entitling the such holders thereof to subscribe for or purchase Common Stock at a price per share less than the Current Market Price (as determined pursuant to clause (vii) below), the conversion price in effect immediately before the close of business on the record date fixed for the determination of Persons stockholders entitled to receive such Common Stock, rights or warrants shall be reduced by multiplying such conversion price by a fraction, of which the numerator is the sum of the number of shares of Common Stock outstanding at the close of business on such record date and the number of shares of Common Stock which the aggregate offering price of the total number of shares of Common Stock so offered for subscription or purchase would purchase at such Current Market Price and of which the denominator is the sum of the number of shares of Common Stock outstanding at the close of business on such record date and the number of additional shares of Common Stock so offered for subscription or purchase. For the purpose of this clause (iii), the issuance of rights or warrants to subscribe for or purchase securities convertible into Common Stock shall be deemed to be the issuance of rights or warrants to purchase the Common Stock into which such securities are convertible at an aggregate offering price equal to the sum of the aggregate offering price of such securities and the minimum aggregate amount (if any) payable upon conversion of such securities into Common Stock. Such adjustment shall be made successively whenever any such event shall occur. In case such rights or warrants are not issued after such a record date has been fixed, the conversion price shall be readjusted to the conversion price which would have been in effect if such record date had not been fixed.

Issuance of Rights or Warrants. In case the Company NMB shall issue after June 30, 2005 to all holders of the NMB Common Stock or rights or warrants expiring within 45 days entitling the such holders thereof to subscribe for or purchase NMB Common Stock at a price per share less than the Current Market Price (as determined pursuant to clause (vii) defined below), the conversion price Exchange Price in effect immediately before prior to the close of business on the record date fixed for the determination of Persons shareholders entitled to receive such Common Stock, rights or warrants shall be reduced by multiplying such conversion price Exchange Price by a fraction, the numerator of which the numerator is the sum of (a) the number of shares of NMB Common Stock outstanding at the close of business on such record date and (b) the number of shares of NMB Common Stock which that the aggregate offering price of the total number of shares of NMB Common Stock so offered for subscription or purchase would purchase at such Current Market Price Price, and the denominator of which the denominator is the sum of (c) the number of shares of NMB Common Stock outstanding at the close of business on such record date and (d) the number of additional shares of NMB Common Stock so offered for subscription or purchase. For the purpose purposes of this clause (iii)Section 2.6.2, the issuance of rights or warrants to subscribe for or purchase securities convertible into NMB Common Stock shall be deemed to be the issuance of rights or warrants to purchase the NMB Common Stock into which such securities are convertible convertible, at an aggregate offering price equal to the sum of the aggregate offering price of such securities and the minimum aggregate amount (if any) payable upon conversion of such securities into Common StockNMB Common. Such adjustment shall be made successively whenever any such event shall occur. In case The “Current Market Price” shall mean, as applicable, the average daily closing prices for shares of the NMB Common for the five consecutive trading days selected by the Board of Directors of NMB commencing not more than 20 trading days before, and ending not later than the date of such rights or warrants event and the date immediately preceding the record date fixed in connection with such event, utilizing for any day within such five-day period for which actual trades are not issued after such a record date has been fixedreported, the conversion price shall be readjusted to mid-point between the conversion price closing bid and asked prices for such day as reported on NASDAQ, or on any exchange on which would have been the NMB Common is then listed or, if not so listed, by the principal market maker then making a market in effect such shares, or if such record date had shares are not been fixedlisted on any exchange or the NASD Stock Market, or traded by a market maker, the price determined in good faith by the Board of Directors of NMB.