Common use of Deemed Issuance of Additional Shares of Common Stock Clause in Contracts

Deemed Issuance of Additional Shares of Common Stock. If the Corporation at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities, then the maximum number of shares of Common Stock (as set forth in the instrument relating thereto without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or, in the case of Convertible Securities, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue; provided, that Additional Shares of Common Stock shall not be deemed to have been issued unless the consideration per share (determined pursuant to Section 7(c)) hereof) of such Additional Shares of Common Stock would be less than the Series B Conversion Price on the date such securities are issued, and provided further that in any such case in which Additional Shares of Common Stock are deemed to be issued: