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, 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. Adjustments shall be made, and shall only become effective, whenever shares are issued. No adjustment shall be made pursuant to this Section 4.04 (i) which shall have the effect of decreasing the number of Warrant Shares issuable upon exercise of each Warrant or increasing the applicable Exercise Price or (ii) on account of the Company’s issuance of any Common Stock (a) in accordance with terms of a Qualified Incentive Plan or (b) upon the exercise of any rights, options or warrants issued in accordance with terms of a Qualified Incentive Plan.

Common Stock Issue. In the event that at any time or from time to time the Company shall issue shares of Common StockStock for a consideration per share that is less than the price per share of Common Stock as of the pricing date of such shares (other than any shares of Common Stock described in Section 4.08), the number of shares of Common Stock Warrant Shares issuable upon the exercise of each Warrant immediately after such issuance date shall be determined by multiplying (a) the number of shares of Common Stock Warrant Shares issuable upon exercise of each Warrant immediately prior to such issuance date by (b) a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of such shares Warrant 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 sharesWarrant Shares. Adjustments shall be made, and shall only become effective, whenever shares are issued. No adjustment shall be made pursuant to this Section 4.04 4.04, (i) which shall have the effect of decreasing the number of Warrant Shares issuable upon exercise of each Warrant or increasing the applicable Exercise Price Warrant, or (ii) on account of the Company’s issuance of any Common Stock (aA) in accordance with terms of a Qualified Management Incentive Plan Plan, or (bB) upon the exercise of any rights, options options, or warrants issued in accordance with terms of a Qualified Management Incentive Plan.

Common Stock Issue. In the event that If at any time or from time to time the Company shall issue shares of Common StockStock for a consideration per share that is less than the Current Market Value of Common Stock as of the pricing date of such shares, the number of shares of Common Stock Warrant Shares issuable upon the exercise of each Warrant immediately after such issuance date shall be determined by multiplying (a) the number of shares of Common Stock Warrant Shares issuable upon exercise of each Warrant immediately prior to such issuance date by (b) a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of such shares Warrant 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 sharesWarrant Shares. 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, (i) which that shall have the effect of decreasing the number of Warrant Shares issuable upon exercise of each Warrant or increasing the applicable Exercise Price Warrant, or (ii) on account of the Company’s issuance of any Common Stock (aA) in accordance with terms of a Qualified Management Incentive Plan or Plan, (bB) upon the exercise of any rights, options options, or warrants issued in accordance with terms of a Qualified Management Incentive Plan, or (C) in connection with any Exempted Strategic Equity Issuances.