Common use of Convertible Security Grants Clause in Contracts

Convertible Security Grants. Except as precluded in subsection 5.2(b), in the event that the Company shall in any manner issue (directly, by assumption in a merger or otherwise) or sell any Convertible Securities (other than pursuant to the exercise of Options to purchase such Convertible Securities covered by subsection 5.3), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which capital stock is issuable upon such conversion or exchange (determined by dividing (i) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (ii) the total maximum number of shares of capital stock issuable upon the conversion or exchange of all such Convertible Securities) shall be less than the Purchase Price in effect immediately prior to the time of such issue or sale, then the total maximum number of shares of capital stock issuable upon conversion or exchange of all such Convertible Securities shall (as of the date of the issue or sale of such Convertible Securities) be deemed to be outstanding and to have been issued for such price per share, provided that, except as otherwise provided in subsection 5.5, no further adjustment of the Purchase Price shall be made upon the actual issue of such capital stock upon conversion or exchange of such Convertible Securities.

Convertible Security Grants. Except as precluded in subsection 5.2(b), in In the event that the Company shall in any manner issue (directly, by assumption in a merger or otherwise) or sell any Convertible Securities (other than pursuant to the exercise of Options to purchase such Convertible Securities covered by subsection 5.35.3 or pursuant to the exercise of the Preferred Warrants), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which capital stock Common Stock is issuable upon such conversion or exchange (determined by dividing (i) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (ii) the total maximum number of shares of capital stock Common Stock issuable upon the conversion or exchange of all such Convertible Securities) shall be less than the Purchase Price or the Conversion Price in effect immediately prior to the time of such issue or sale, then the total maximum number of shares of capital stock Common Stock issuable upon conversion or exchange of all such Convertible Securities shall (as of the date of the issue or sale of such Convertible Securities) be deemed to be outstanding and to have been issued for such price per share, provided that, except as otherwise provided in subsection Section 5.5, no further adjustment of the Purchase Price shall be made upon the actual issue of such capital stock Common Stock upon conversion or exchange of such Convertible Securities.