Adjustments for Dilutive Issuances. (i) For the purposes of this section 2(b), “New Securities” means all Ordinary Shares (directly or in the form of ADSs), Options or Convertible Securities issued by the Company after the Issuance Date other than (i) the convertible notes or warrants of the Company issued to the Holder in accordance with the Purchase Agreement, (ii) any Ordinary Shares issued upon the exercise of such convertible notes or warrants, (iii) with respect only to the three-year period from the Issuance Date, any Ordinary Shares, Options or Convertible Securities that are issued under the Employee Incentive Plan in the amount up to 15% of the Company’s total outstanding and issued shares on a fully-diluted and converted basis and (iv) with respect to any Extension Period, all Ordinary Shares, Convertible Securities and Options that are issued under the Employee Incentive Plan.
Appears in 4 contracts
Samples: Convertible Note and Warrant Purchase Agreement, Convertible Note and Warrant Purchase Agreement, Convertible Note and Warrant Purchase Agreement (The9 LTD)
