Common use of Adjustment for Sales Below Purchase Price Clause in Contracts

Adjustment for Sales Below Purchase Price. For purposes of this Section 3.5, "ADDITIONAL SHARES OF COMMON STOCK" shall mean all shares of Common Stock issued or deemed issued by the Company after the date hereof, whether or not subsequently reacquired or retired by the Company, excluding (i) shares of Common Stock issued upon exercise of this Warrant; and (ii) up to 4,882,776 shares of Common Stock (as adjusted for all stock dividends, stock splits, subdivisions and combinations) issued to employees, officers, directors, consultants or other persons performing services for the Company (if so issued solely because of any such person's status as an officer, director, employee, consultant or other person performing services for the Company and not as part of any offering of the Company's securities) pursuant to any warrant, stock option plan, stock purchase plan, management incentive plan, consulting agreement or arrangement or other contract or undertaking approved by the Board.

Adjustment for Sales Below Purchase Price. For purposes of this Section ----------------------------------------- 3.5, "ADDITIONAL SHARES OF COMMON STOCKAdditional Shares of Common Stock" shall mean all shares of Common Stock issued or deemed issued by the Company after the date hereof, whether or not subsequently reacquired or retired by the Company, excluding (i) shares of Common Stock issued upon exercise of this Warrant; and (ii) up to 4,882,776 shares of Common Stock (as adjusted for all stock dividends, stock splits, subdivisions and combinations) issued to employees, officers, directors, consultants or other persons performing services for the Company (if so issued solely because of any such person's status as an officer, director, employee, consultant or other person performing services for the Company and not as part of any offering of the Company's securities) pursuant to any warrant, stock option plan, stock purchase plan, management incentive plan, consulting agreement or arrangement or other contract or undertaking approved by the Board.