Common use of Deemed Issuances Clause in Contracts

Deemed Issuances. For the purpose of making any adjustment to the Series A Conversion Price of the Series A Preferred Shares, the Series B Conversion Price of the Series B Preferred Shares, and the Series C Conversion Price of the Series C Preferred Shares, as applicable, required under Section 6(i), if the Company issues or sells any Rights or Options or Convertible Securities and if the Effective Price of the Common Shares issuable upon exercise of such Rights or Options or the conversion or exchange of Convertible Securities is less than the Series A Conversion Price then in effect for the Series A Preferred Shares, the Series B Conversion Price then in effect for the Series B Preferred Shares, or the Series C Conversion Price then in effect for the Series C Preferred Shares, as appropriate, then the Company shall be deemed to have issued, at the time of the issuance of such Rights or Options or Convertible Securities, that number of Additional Common Shares that is equal to the maximum number of Common Shares issuable upon exercise or conversion of such Rights or Options or Convertible Securities upon their issuance and to have received, as the Aggregate Consideration Received for the issuance of such Shares, an amount equal to the total amount of the consideration, if any, received by the Company for the issuance of such Rights or Options or Convertible Securities, plus, in the case of such Rights or Options, the minimum amounts of consideration, if any, payable to the Company upon the exercise in full of such Rights or Options, plus, in the case of Convertible Securities, the minimum amounts of consideration, if any, payable to the Company upon the conversion or exchange thereof; provided, that in any such case in which Additional Common Shares are deemed to be issued:

Deemed Issuances. For the purpose of making any adjustment to the Series A Conversion Price of the Series A Preferred Shares, the Series B Conversion Price of the Series B Preferred Shares, and the Series C Conversion Price of the Series C Preferred Shares, as applicable, required under Section 6(i), if the Company LLC issues or sells any Rights or Options or Convertible Securities and if the Effective Price of the Common Shares issuable upon exercise of such Rights or Options or the conversion or exchange of Convertible Securities is less than the Series A Conversion Price then in effect for the Series A Preferred Shares, the Series B Conversion Price then in effect for the Series B Preferred Shares, or the Series C Conversion Price then in effect for the Series C Preferred Shares, as appropriate, then the Company LLC shall be deemed to have issued, at the time of the issuance of such Rights or Options or Convertible Securities, that number of Additional Common Shares that is equal to the maximum number of Common Shares issuable upon exercise or conversion of such Rights or Options or Convertible Securities upon their issuance and to have received, as the Aggregate Consideration Received for the issuance of such Shares, an amount equal to the total amount of the consideration, if any, received by the Company LLC for the issuance of such Rights or Options or Convertible Securities, plus, in the case of such Rights or Options, the minimum amounts of consideration, if any, payable to the Company LLC upon the exercise in full of such Rights or Options, plus, in the case of Convertible Securities, the minimum amounts of consideration, if any, payable to the Company LLC upon the conversion or exchange thereof; provided, that in any such case in which Additional Common Shares are deemed to be issued:

Deemed Issuances. For the purpose of making any adjustment to the Series A Conversion Price of the Series A Preferred SharesPrice, the Series B Conversion Price of the Series B Preferred SharesPrice, and the Series C Conversion Price of Price, the Series C Preferred SharesD Conversion Price, as applicablethe Series E Conversion Price, the Series F Conversion Price or the Series G Conversion Price required under this Section 6(i)5.7, if the Company Corporation issues or sells any Rights or Options or Convertible Securities and if the Effective Price of the shares of Common Shares Stock issuable upon exercise of such Rights or Options or and/or the conversion or exchange of Convertible Securities (computed without reference to any additional or similar protective or antidilution clauses) is less than the Series A Conversion Price then in effect for the Series A Preferred SharesPrice, the Series B Conversion Price then in effect for the Series B Preferred SharesPrice, or the Series C Conversion Price, the Series D Conversion Price, the Series E Conversion Price, the Series F Conversion Price or the Series G Conversion Price then in effect for the Series C Preferred Shares, as appropriateeffect, then the Company Corporation shall be deemed to have issued, at the time of the issuance of such Rights or Rights, Options or Convertible Securities, that number of Additional Shares of Common Shares Stock that is equal to the maximum number of shares of Common Shares Stock issuable upon exercise or conversion of such Rights or Rights, Options or Convertible Securities upon their issuance and to have received, as the Aggregate Consideration Received for the issuance of such Sharesshares, an amount equal to the total amount of the consideration, if any, received by the Company Corporation for the issuance of such Rights or Options or Convertible Securities, plus, in the case of such Rights or Options, the minimum amounts of consideration, if any, payable to the Company Corporation upon the exercise in full of such Rights or Options, plus, in the case of Convertible Securities, the minimum amounts of consideration, if any, payable to the Company Corporation (other than by cancellation of liabilities or obligations evidenced by such Convertible Securities) upon the conversion or exchange thereof; provided, that in any such case in which Additional Common Shares are deemed to be issuedprovided that:

Deemed Issuances. For In the purpose of making any adjustment to the Series A Conversion Price case of the Series A Preferred Sharesissuance of (i) options, warrants or other rights to purchase or acquire Common Stock (whether or not at the Series B Conversion Price of the Series B Preferred Shares, and the Series C Conversion Price of the Series C Preferred Shares, as applicable, required under Section 6(itime exercisable), if (ii) securities by their terms convertible into or exchangeable for Common Stock (whether or not at the Company issues time so convertible or sells any Rights exchangeable) or Options options, warrants or Convertible Securities and if rights to purchase such convertible or exchangeable securities (whether or not at the Effective Price time exercisable) the following provisions shall apply: the aggregate maximum number of the shares of Common Shares issuable Stock deliverable upon exercise of such Rights options, warrants or Options other rights to purchase or the conversion or exchange of Convertible Securities is less than the Series A Conversion Price then in effect for the Series A Preferred Shares, the Series B Conversion Price then in effect for the Series B Preferred Shares, or the Series C Conversion Price then in effect for the Series C Preferred Shares, as appropriate, then the Company acquire Common Stock shall be deemed to have issued, been issued at the time of such options, warrants or rights were issued and for a consideration equal to the consideration, if any, received by the Company upon the issuance of such Rights options, warrants or Options rights plus the minimum purchase price provided in such options, warrants or Convertible Securitiesrights for the Common Stock covered thereby, that number of Additional Common Shares that is equal to and the aggregate maximum number of shares of Common Shares issuable Stock deliverable upon exercise or conversion of or in exchange for any such Rights convertible or Options exchangeable securities, or Convertible Securities upon their issuance the exercise of options, warrants or other rights to purchase or acquire such convertible or exchangeable securities and the subsequent conversion or exchange thereof, shall be deemed to have receivedbeen issued at the time such securities were issued or such options, as the Aggregate Consideration Received warrants or rights were issued and for the issuance of such Shares, an amount a consideration equal to the total amount of the consideration, if any, received by the Company for any such securities and related options, warrants or rights (excluding any cash received on account of accrued interest or accrued dividends), plus the issuance of such Rights or Options or Convertible Securities, plus, in the case of such Rights or Options, the minimum amounts of additional consideration, if any, payable to the Company upon the exercise in full of such Rights or Options, plus, in the case of Convertible Securities, the minimum amounts of consideration, if any, payable to be received by the Company upon the conversion or exchange of such securities, or upon the exercise of any related options, warrants or rights to purchase or acquire such convertible or exchangeable securities and the subsequent conversion or exchange thereof; provided, that in any such case in which Additional Common Shares are deemed to be issued:.