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

Deemed Issuance of Additional Shares of Common Stock. If the Company at any time or from time to time after September 8, 2000 shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein for a subsequent adjustment of such number) of Common Stock issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, 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 or, in case such a record date shall have been fixed, as of the close of business on such record date; PROVIDED, that Additional Shares of Common Stock shall not be deemed to have been issued unless the consideration per share (determined pursuant to Section 7E.4(d)(iv)) of such Additional Shares of Common Stock would be less than the Series C-IV Conversion Value in effect on the date of and immediately prior to such issue (or with respect to any issues made prior to the date hereof, the Series C-IV Conversion Value that would have been in effect as of such date), or such record date, as the case may be; and PROVIDED, further, that in any case in which Additional Shares of Common Stock are deemed to be issued:

Deemed Issuance of Additional Shares of Common Stock. If the Company this corporation at any time or from time to time after September 8, 2000 the Series A Original Issue Date shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein for a subsequent adjustment of such number) of Common Stock issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, 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 or, in case such a record date shall have been fixed, as of the close of business on such record date; PROVIDEDprovided, that Additional Shares of Common Stock shall not be deemed to have been issued unless the consideration per share (determined pursuant to Section 7E.4(d)(iv5(d)(iv)) of such Additional Shares of Common Stock would be less than the Series C-IV A Conversion Value in effect on the date of and immediately prior to such issue (or with respect to any issues made prior to the date hereof, the Series C-IV Conversion Value that would have been in effect as of such date)issue, or such record date, as the case may be; and PROVIDEDprovided, further, that in any case in which Additional Shares of Common Stock are deemed to be issued:

Deemed Issuance of Additional Shares of Common Stock. If the Company at any time or from time to time after September 8, 2000 shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein for a subsequent adjustment of such number) of Common Stock issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, 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 or, in case such a record date shall have been fixed, as of the close of business on such record date; PROVIDEDprovided, that Additional Shares of Common Stock shall not be deemed to have been issued unless the consideration per share (determined pursuant to Section 7E.4(d)(iv7F.4(d)(iv)) of such Additional Shares of Common Stock would be less than the Series C-IV V Conversion Value in effect on the date of and immediately prior to such issue (or with respect to any issues made prior to the date hereof, the Series C-IV V Conversion Value that would have been in effect as of such date), or such record date, as the case may be; and PROVIDEDprovided, further, that in any case in which Additional Shares of Common Stock are deemed to be issued:

Deemed Issuance of Additional Shares of Common Stock. If the Company at any time or from time to time after September 8, 2000 shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein for a subsequent adjustment of such number) of Common Stock issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, 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 or, in case such a record date shall have been fixed, as of the close of business on such record date; PROVIDEDprovided, that Additional Shares of Common Stock shall not be deemed to have been issued unless the consideration per share (determined pursuant to Section 7E.4(d)(iv)) of such Additional Shares of Common Stock would be less than the Series C-IV Conversion Value in effect on the date of and immediately prior to such issue (or with respect to any issues made prior to the date hereof, the Series C-IV Conversion Value that would have been in effect as of such date), or such record date, as the case may be; and PROVIDEDprovided, further, that in any case in which Additional Shares of Common Stock are deemed to be issued:

Deemed Issuance of Additional Shares of Common Stock. If the Company at any time or from time to time after September 8, 2000 shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein for a subsequent adjustment of such number) of Common Stock issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, 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 or, in case such a record date shall have been fixed, as of the close of business on such record date; PROVIDED, that Additional Shares of Common Stock shall not be deemed to have been issued unless the consideration per share (determined pursuant to Section 7E.4(d)(iv7F.4(d)(iv)) of such Additional Shares of Common Stock would be less than the Series C-IV V Conversion Value in effect on the date of and immediately prior to such issue (or with respect to any issues made prior to the date hereof, the Series C-IV V Conversion Value that would have been in effect as of such date), or such record date, as the case may be; and PROVIDED, further, that in any case in which Additional Shares of Common Stock are deemed to be issued: