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

Adjustment Upon Issuance of Common Shares. If and whenever on or after the date of issuance (the “Issuance Date”), the Company issues or sells, announces any offer, sale, or other disposition of, or in accordance with this Section 3(b) is deemed to have issued or sold (or makes an announcement regarding the same), any Common Shares and/or Common Share Equivalents (including the issuance or sale of Common Shares owned or held by or for the account of the Company, but excluding any Exempt Issuance issued or sold or deemed to have been issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such issuance or sale or deemed issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately upon such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b)), the following shall be applicable:

Adjustment Upon Issuance of Common Shares. If and whenever on or after the date of issuance (the “Issuance Closing Date”), the Company grants issues or sellssells (or enters into any agreement to grant, announces any offer, sale, issue or other disposition ofsell), or in accordance with this Section 3(b) 2 is deemed to have granted, issued or sold (or makes an announcement regarding the same)sold, any Common Shares and/or Common Share Equivalents (including the issuance or sale of Common Shares owned or held by or for the account of the Company, but excluding any Exempt Issuance Issuances, granted issued or sold or deemed to have been granted issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately upon after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b2(b)), the following shall be applicable:

Adjustment Upon Issuance of Common Shares. If and whenever on or after the closing date of issuance (the “Issuance Date”), the Company grants issues or sellssells (or enters into any agreement to grant, announces any offer, sale, issue or other disposition ofsell), or in accordance with this Section 3(b) 2 is deemed to have granted, issued or sold (or makes an announcement regarding the same)sold, any Common Shares and/or Common Share Equivalents (including the issuance or sale of Common Shares owned or held by or for the account of the Company, but excluding any Exempt Issuance Issuances, granted issued or sold or deemed to have been granted issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately upon after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b2(b)), the following shall be applicable:

Adjustment Upon Issuance of Common Shares. If and whenever on or after the date of issuance (the “Issuance Subscription Date”), the Company grants, issues or sellssells (or enters into any agreement to grant, announces any offer, sale, issue or other disposition ofsell), or in accordance with this Section 3(b) 2 is deemed to have granted, issued or sold (or makes an announcement regarding the same)sold, any Common Shares and/or Common Share Equivalents (including the issuance or sale of Common Shares owned or held by or for the account of the Company, but excluding any Exempt Issuance Excluded Securities granted issued or sold or deemed to have been granted issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting, issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately upon after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b2(b)), the following shall be applicable:

Adjustment Upon Issuance of Common Shares. If and whenever on or after the date of issuance (the “Issuance Subscription Date”), the Company grants, issues or sellssells (or enters into any agreement to grant, announces any offer, sale, issue or other disposition ofsell), or in accordance with this Section 3(b) 2 is deemed to have issued or sold (or makes an announcement regarding the same)sold, any Common Shares and/or Common Share Equivalents (including the issuance or sale of Common Shares owned or held by or for the account of the Company, but excluding any Exempt Issuance Excluded Securities issued or sold or deemed to have been issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such issuance or sale or deemed issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then then, immediately upon after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b2(b)), the following shall be applicable:

Adjustment Upon Issuance of Common Shares. If and whenever on or after the date of issuance (the “Issuance Subscription Date”), the Company issues or issues, sells, publicly announces any offer, sale, the contemplated issuance or other disposition sale of, or in accordance with this Section 3(b) 2 is deemed to have issued or sold (or makes an announcement regarding the same)sold, any Common Shares and/or Common Share Equivalents (including the issuance, sale or public announcement of the issuance or sale sale, of Common Shares owned or held by or for the account of the Company, but excluding any Exempt Issuance issued or sold or Common Shares deemed to have been issued or soldsold by the Company in connection with any Excluded Securities) for a consideration per share (the “"New Issuance Price”") less than a price (the "Applicable Price") equal to the Exercise Price in effect immediately prior to such issuance or sale or deemed issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “"Dilutive Issuance”"), then immediately upon after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b)2(a), the following shall be applicable:

Adjustment Upon Issuance of Common Shares. If and whenever on or after the date of issuance (the “Issuance Date”), the Company grants, issues or sellssells (or enters into any agreement to grant, announces any offer, sale, issue or other disposition ofsell), or in accordance with this Section 3(b2(b) is deemed to have issued or sold (or makes an announcement regarding the same)sold, any Common Shares and/or Common Share Equivalents (including the issuance or sale of Common Shares owned or held by or for the account of the Company, but excluding any Exempt Issuance Excluded Securities issued or sold or deemed to have been issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such issuance or sale or deemed issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then then, immediately upon after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, including determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b2(b)), the following shall be applicable: