Common use of Adjustment Upon Issuance of Additional Shares of Common Stock Clause in Contracts

Adjustment Upon Issuance of Additional Shares of Common Stock. If, at any time prior to December 31, 2013, the Company issues or sells Additional Shares of Common Stock at a price per share (or conversion or exercise price, as the case may be) of less than $0.50 (subject to proportionate adjustment for forward or reverse stock splits, stock dividends or other similar proportionately-applied change)(a "Dilutive Issuance"), then, not later than ten (10) business days following such Dilutive Issuance, the Company shall be required to issue to the Purchaser, for no additional consideration, an additional number of shares of Common Stock equal to the difference of (i) an amount equal to (A) the aggregate Purchase Price paid under this Agreement divided by (B) the Weighted Average Adjusted Purchase Price, less (ii) the number of shares of Common Stock issued to the Purchaser hereunder, less (iii) the number of shares of Common Stock issued to the Purchaser pursuant to this Section 10.2 as a result of a prior Dilutive Issuance. Such additional shares of Common Stock shall be issued to the Purchaser whenever a Dilutive Issuance occurs. A Dilutive Issuance shall not include any issuance of Exempted Securities. No additional Warrant shall be issued pursuant to this Section 10.2 as a result of any Dilutive Issuance.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Protea Biosciences Group, Inc.), Securities Purchase Agreement (Protea Biosciences Group, Inc.), Securities Purchase Agreement (Protea Biosciences Group, Inc.)

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Adjustment Upon Issuance of Additional Shares of Common Stock. If, at any time prior to December 31, 2013, the Company issues or sells Additional Shares of Common Stock at a price per share (or conversion or exercise price, as the case may be) of less than $0.50 (subject to proportionate adjustment for forward or reverse stock splits, stock dividends or other similar proportionately-applied change)(a "Dilutive Issuance"), then, not later than ten (10) business days following such Dilutive Issuance, the Company shall be required to issue to the Purchaser, for no additional consideration, an additional number of shares of Common Stock equal to the difference of (i) an amount equal to (A) the aggregate Purchase Price paid under this Agreement divided by (B) the Weighted Average Adjusted Purchase Price, less (ii) the number of shares of Common Stock issued to the Purchaser hereunder, less (iii) the number of shares of Common Stock issued to the Purchaser pursuant to this Section 10.2 as a result of a prior Dilutive Issuance. Such additional shares of Common Stock shall be issued to the Purchaser whenever a Dilutive Issuance occurs. A Dilutive Issuance shall not include any issuance of Exempted Securities. No additional Warrant Warrants shall be issued pursuant to this Section 10.2 as a result of any Dilutive Issuance.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Protea Biosciences Group, Inc.), Securities Purchase Agreement (Protea Biosciences Group, Inc.)

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