Common use of Common Stock Issue Clause in Contracts

Common Stock Issue. In the event that at any time or from time to time the Company shall issue shares of Common Stock for a consideration per share that is less than the Current Market Value per share of Common Stock as of the issuance date of such shares, the number of shares of Common Stock issuable upon the exercise of each Warrant immediately after such issuance date shall be determined by multiplying the number of shares of Common Stock issuable upon exercise of each Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of such shares plus the number of additional shares of Common Stock to be issued in such transaction, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of such shares plus the total number of shares of Common Stock which the aggregate consideration expected to be received by the Company upon the issuance of such shares would purchase at the Current Market Value per share of Common Stock as of the date of such issuance; and, subject to Section 3.08(b), in the event of any such adjustment, the Exercise Price shall be adjusted to a number determined by dividing the applicable Exercise Price immediately prior to such date of issuance by the aforementioned fraction; provided, however, that no adjustment to the number of shares of Common Stock issuable upon the exercise of the Warrants or to the applicable Exercise Price shall be made with respect to shares of Common Stock issued pursuant to and consistent with the terms of the ESOP for Company contributions to the ESOP in the form of Company match and profit sharing contributions in the ordinary course of business consistent with past practices. Adjustments shall be made, and shall only become effective, whenever shares are issued. No adjustment shall be made pursuant to this Section 4.04 which shall have the effect of decreasing the number of Warrant Shares issuable upon exercise of each Warrant or increasing the applicable Exercise Price.

Common Stock Issue. In the event that at any time or from time to time the Company shall issue shares of Common Stock for a consideration per share that is less than the Current Market Value per share of Common Stock as of the issuance date of such shares, the number of shares of Common Stock issuable purchasable upon the exercise of each Warrant immediately after such issuance date shall be determined by multiplying the number of shares of Common Stock issuable purchasable upon exercise of each Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of such shares plus the number of additional shares of Common Stock to be issued in such transaction, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of such shares plus the total number of shares of Common Stock which the aggregate consideration expected to be received by the Company upon the issuance of such shares (as determined by the Board of Directors of the Company acting in good faith, whose determination shall be evidenced by a board resolution) would purchase at the Current Market Value per share of Common Stock as of the date of such issuance; and, subject to Section 3.08(b), in . In the event of any such adjustment, the Exercise Price shall be adjusted to a number determined by dividing the applicable Exercise Price immediately prior to such date of issuance by the aforementioned fraction; provided, however, that no . Such adjustment to the number of shares of Common Stock issuable upon the exercise of the Warrants or to the applicable Exercise Price shall be made with respect to shares of Common Stock issued pursuant to and consistent with the terms of the ESOP for Company contributions to the ESOP in the form of Company match and profit sharing contributions in the ordinary course of business consistent with past practices. Adjustments shall be made, and shall only become effective, whenever such shares are issued. No adjustment shall be made pursuant to this Section 4.04 4.03 which shall have the effect of decreasing the number of Warrant Shares issuable shares of Common Stock purchasable upon exercise of each Warrant or of increasing the applicable Exercise Price.

Common Stock Issue. In the event that at any time or ------------------- from time to time the Company shall issue shares of Common Stock for a consideration per share that is less than the Current Market Value per share of Common Stock as of the issuance date of such shares, the number of shares of Common Stock issuable purchasable upon the exercise of each Warrant immediately after such issuance date shall be determined by multiplying the number of shares of Common Stock issuable purchasable upon exercise of each Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of such shares plus the number of additional shares of Common Stock to be issued in such transaction, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of such shares plus the total number of shares of Common Stock which the aggregate consideration expected to be received by the Company upon the issuance of such shares (as determined by the Board of Directors of the Company acting in good faith, whose determination shall be evidenced by a board resolution) would purchase at the Current Market Value per share of Common Stock as of the date of such issuance; and, subject to Section 3.08(b), in . In the event of any such adjustment, the Common Stock Exercise Price shall be adjusted to a number determined by dividing the applicable Common Stock Exercise Price immediately prior to such date of issuance by the aforementioned fraction; provided, however, that no . Such adjustment to the number of shares of Common Stock issuable upon the exercise of the Warrants or to the applicable Exercise Price shall be made with respect to shares of Common Stock issued pursuant to and consistent with the terms of the ESOP for Company contributions to the ESOP in the form of Company match and profit sharing contributions in the ordinary course of business consistent with past practices. Adjustments shall be made, and shall only become effective, whenever such shares are issued. No adjustment shall be made pursuant to this Section 4.04 5.12 which shall have the effect of decreasing the number of Warrant Shares issuable shares of Common Stock purchasable upon exercise of each Warrant or of increasing the applicable Common Stock Exercise Price.

Common Stock Issue. In the event that at any time or from time to time the Company shall issue shares of Common Stock for a consideration per share that is less than the Current Market Value per share of Common Stock as of the issuance date of such shares, the number of shares of Common Stock issuable upon the exercise of each Warrant immediately after such issuance date shall be determined by multiplying the number of shares of Common Stock issuable upon exercise of each Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of such shares plus the number of additional shares of Common Stock to be issued in such transaction, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of such shares plus the total number of shares of Common Stock which the aggregate consideration expected to be received by the Company upon the issuance of such shares (as determined in good faith by the Board, whose determination shall be evidenced by a board resolution filed with the Warrant Agent, a copy of which will be sent to Holders upon request) would purchase at the Current Market Value per share of Common Stock as of the date of such issuance; and, subject to Section 3.08(b)4.12, in the event of any such adjustment, the Exercise Price shall be adjusted to a number determined by dividing the applicable Exercise Price immediately prior to such date of issuance by the aforementioned fraction; provided, however, . In the event that no adjustment to the number of Company shall issue shares of Common Stock issuable for an amount of consideration per share that is less than the Exercise Price applicable to a whole share of Common Stock as of the issuance date of such shares, upon the exercise of first such occurrence, the Warrants or to the applicable Exercise Price shall be made with respect adjusted to shares equal the price per applicable proportional share of Common Stock issued pursuant to and consistent with the terms of the ESOP for Company contributions to the ESOP in the form of Company match and profit sharing contributions in the ordinary course of business consistent with past practices. Adjustments shall be made, and shall only become effective, whenever shares are issuedsuch additional issuance. No adjustment shall be made pursuant to this Section 4.04 4.03 as a result of any issuance of Common Stock (A) in connection with the exercise of Warrants, (B) to officers, directors or employees of the Company pursuant to customary stock incentive plans, (C) in connection with acquisitions of assets or businesses other than from Affiliates of the Company or (D) which shall have the effect of decreasing the number of Warrant Shares shares of Common Stock issuable upon exercise of each Warrant or increasing the applicable Exercise Price.

Common Stock Issue. In the event that at any time or from time to time the Company shall issue shares of Common Stock for a consideration per share that is less than the Current Market Value per share of Common Stock as of the issuance date of such shares, the number of shares of Common Stock issuable upon the exercise of each Warrant immediately after such issuance date shall be determined by multiplying the number of shares of Common Stock issuable upon exercise of each Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of such shares plus the number of additional shares of Common Stock to be issued in such transaction, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of such shares plus the total number of shares of Common Stock which the aggregate consideration expected to be received by the Company upon the issuance of such shares (as determined in good faith by the Board, whose determination shall be evidenced by a board resolution filed with the Warrant Agent, a copy of which will be sent by the Warrant Agent to any Holder upon request by such Holder to the Warrant Agent) would purchase at the Current Market Value per share of Common Stock as of the date of such issuance; and, subject to Section 3.08(b)4.08, in the event of any such adjustment, the Exercise Price shall be adjusted to a number determined by dividing the applicable Exercise Price immediately prior to such date of issuance by the aforementioned fraction; provided, however, that no adjustment to the number of shares of Common Stock Warrant Shares issuable upon the exercise of the Warrants or to the applicable Exercise Price shall be made with respect to as a result of (i) the issuance of shares of Common Stock issued pursuant in bona fide public offerings that are underwritten or in which a placement agent is retained by the Company, (ii) the issuance of options or shares of Common Stock, interests in Common Stock and securities convertible into Common Stock or whose value is derived or calculated with respect to and consistent with the terms Common Stock to officers, directors or employees of the ESOP for Company, (iii) the issuance of shares of Common Stock in connection with acquisitions of products and businesses other than to Affiliates of the Company contributions to and (iv) the ESOP in issuance of shares of Common Stock upon the form conversion, exchange or exercise of convertible, exchangeable or exercisable securities of the Company match and profit sharing contributions in outstanding on the ordinary course of business consistent with past practicesWarrants Issue Date. Adjustments Such adjustment shall be made, and shall only become effective, whenever such shares are issued. No adjustment shall be made pursuant to this Section 4.04 4.03 which shall have the effect of decreasing the number of Warrant Shares shares of Common Stock issuable upon exercise of each Warrant or increasing the applicable Exercise Price.

Common Stock Issue. In the event that at any time or from time to time the Company shall issue shares of Common Stock for a consideration per share that is less than the Current Market Value per share of Common Stock as of the issuance date of such shares, the number of shares of Common Stock issuable upon the exercise of each Warrant immediately after such issuance date shall be determined by multiplying the number of shares of Common Stock issuable upon exercise of each Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of such shares plus the number of additional shares of Common Stock to be issued in such transaction, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of such shares plus the total number of shares of Common Stock which the aggregate consideration expected to be received by the Company upon the issuance of such shares (as determined in good faith by the Board, whose determination shall be evidenced by a board resolution filed with the Warrant Agent, a copy of which will be sent to Holders upon request) would purchase at the Current Market Value per share of Common Stock as of the date of such issuance; and, subject to Section 3.08(b)4.12, in the event of any such adjustment, the Exercise Price shall be adjusted to a number determined by dividing the applicable Exercise Price immediately prior to such date of issuance by the aforementioned fraction; provided. Notwithstanding the foregoing, however, in the event that no adjustment to the number of Company shall issue shares of Common Stock issuable for a consideration per share that is less than the Exercise Price as of the issuance date of such shares, upon the exercise of first such occurrence only the Warrants or to the applicable Exercise Price shall be made with respect adjusted to equal the price per share of such additional shares of Common Stock issued pursuant to and consistent with the terms of the ESOP for Company contributions to the ESOP in the form of Company match and profit sharing contributions in the ordinary course of business consistent with past practices. Adjustments shall be made, and shall only become effective, whenever shares are issued. No adjustment shall be made pursuant to this Section 4.04 4.03 as a result of any issuance of Common Stock (A) in connection with the exercise of Warrants, (B) to officers, directors or employees of the Company pursuant to customary stock incentive plans, (C) in connection with acquisitions of assets or businesses other than from Affiliates of the Company or (D) which shall have the effect of decreasing the number of Warrant Shares shares of Common Stock issuable upon exercise of each Warrant or increasing the applicable Exercise Price.