Common use of Company to Prevent Dilution Clause in Contracts

Company to Prevent Dilution. If any event or condition occurs as to which other provisions of this Article are not strictly applicable or if strictly applicable would not fairly protect the exercise or purchase rights of this Note evidenced hereby in accordance with the essential intent and principles of such provisions, or that might materially and adversely affect the exercise or purchase rights of the holder hereof under any provisions of this Note, then the Company shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, so as to protect such exercise and purchase rights as aforesaid, and any adjustments necessary with respect to the Conversion Price and the number of shares purchasable hereunder so as to preserve the rights of the holder hereunder. In no event shall any such adjustment have the effect of increasing the Conversion Price as otherwise determined pursuant to this Article except in the event of a combination of shares of the type contemplated in Section 5.4 hereof, and then in no event to an amount greater than the Conversion Price as adjusted pursuant to Section 5.4 hereof.

Company to Prevent Dilution. If any event or condition occurs as to which other provisions of this Article Section 5 are not strictly applicable or if strictly applicable would not fairly protect the exercise or purchase rights of the Option as set forth in this Note evidenced hereby Agreement in accordance with the essential intent and principles of such provisions, or that which might materially and adversely affect the exercise or purchase rights of the holder hereof Xxxxxx under any provisions of this NoteAgreement, then the Company shall make such adjustments an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such exercise and purchase rights as aforesaid, and any adjustments adjustment necessary with respect to the Conversion Option Exercise Price and the number of shares Option Shares purchasable hereunder so as to preserve the rights of the holder Xxxxxx hereunder. In no event shall any such adjustment have the effect of increasing the Conversion Option Exercise Price as otherwise determined pursuant to this Article Section 5 except in the event of a combination of shares of the type contemplated in by Section 5.4 hereof5(d), and then in no event to an amount greater larger than the Conversion Option Exercise Price as adjusted pursuant to Section 5.4 hereof5(d).