Common use of Adjustment Upon Dilutive Issuance Clause in Contracts

Adjustment Upon Dilutive Issuance. If, at any time after the Issue Date, the Company issues or sells, or in accordance with Section 5(e)(ii) is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the Fixed Conversion Price on the date of such issuance or sale (or deemed issuance or sale) (a “Dilutive Issuance”), then the Fixed Conversion Price shall be adjusted so as to equal the consideration received or receivable by the Company (on a per share basis) for the additional shares of Common Stock so issued, sold or deemed issued or sold in such Dilutive Issuance (which, in the case of a deemed issuance or sale, shall be calculated in accordance with Section 5(e)(ii) below). Notwithstanding the foregoing, no adjustment shall be made pursuant hereto if such adjustment would result in an increase in the Fixed Conversion Price.

Adjustment Upon Dilutive Issuance. If, at any time after the Issue Date, the Company issues or sells, or in accordance with Section 5(e)(ii6(d)(ii) is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the Fixed Conversion Exercise Price on the date of such issuance or sale (or deemed issuance or sale) (a “Dilutive Issuance”), then the Fixed Conversion Exercise Price shall be adjusted so as to equal the consideration received or receivable by the Company (on a per share basis) for the additional shares of Common Stock so issued, sold or deemed issued or sold in such Dilutive Issuance (which, in the case of a deemed issuance or sale, shall be calculated in accordance with Section 5(e)(ii) below6(d)(ii)). Notwithstanding the foregoing, no adjustment shall be made pursuant hereto to this Section 6(d)(i) if such adjustment would result in an increase in the Fixed Conversion Exercise Price.

Adjustment Upon Dilutive Issuance. If, at any time after the Issue Date, the Company issues or sells, or in accordance with Section 5(e)(iisubparagraph (ii) of this paragraph (c), is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share consideration less than the Fixed Conversion Exercise Price on the date of such issuance or sale (or deemed issuance or sale) (a “"Dilutive Issuance”"), then effective immediately upon such Dilutive Issuance, the Fixed Conversion Exercise Price shall be adjusted so as to equal the consideration received or receivable by the Company (on a per share basis) for the additional shares of Common Stock so issued, sold or deemed issued or sold in such Dilutive Issuance (which, in the case of a deemed issuance or sale, shall be calculated in accordance with Section 5(e)(iisubparagraph (ii) below). Notwithstanding For the foregoingavoidance of doubt, no adjustment shall be made pursuant hereto to this clause (c)(i) if such adjustment would result in an increase in the Fixed Conversion PriceExercise Price then in effect.