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

Deemed Issue of Additional Shares of Common Stock. In the event the Corporation at any time or from time to time after the 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, the conversion or exchange of the Convertible Securities shall, subject to the exceptions specified in Section 4(c)(i)(C), be deemed to be Additional Shares of Common Stock issued as of the time of the issuance of such Option or Convertible Security or, in case such a record date shall have been fixed, as of the close of business on such record date, subject to the following:

Deemed Issue of Additional Shares of Common Stock. In the event the Corporation Company at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities (other than shares of Series C-1 Preferred Stock authorized herein) or shall fix a record date for the determination of holders of any class of securities then 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 numberdesigned to protect against dilution) of Common Stock issuable upon the exercise of such Options or, in the case of Convertible SecuritiesSecurities and Options therefor, the conversion or exchange of the such Convertible Securities shallSecurities, subject to the exceptions specified in Section 4(c)(i)(C), shall be deemed to be Additional Shares of Common Stock issued as of the time of the issuance of such Option or Convertible Security issue or, in case such a record date shall have been fixed, as of the close of business on such record date, subject provided further that in any such case in which Additional Shares of Common Stock are deemed to the followingbe issued: