Common use of Exceptions to Adjustment of Exercise Price Clause in Contracts

Exceptions to Adjustment of Exercise Price. Notwithstanding the foregoing, no adjustment will be made under this Section 11(b) in respect of (1) the granting of options to employees, officers and directors of the Company pursuant to any stock option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose, (2) upon the exercise of the Preferred Stock or of any other series or security issued by the Company in connection with the offer and sale of this Company’s securities pursuant to the Purchase Agreement, or (3) upon the exercise of or conversion of any convertible securities, options or warrants issued and outstanding on the Original Issue Date, provided that the securities have not been amended since the date of the Purchase Agreement, or (4) acquisitions or strategic investments, the primary purpose of which is not to raise capital.

Exceptions to Adjustment of Exercise Price. Notwithstanding the foregoing, no adjustment will be made under this Section 11(b) hereunder in respect of (1A) the granting of options to employees, officers and directors of the Company pursuant to any stock option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose, (2B) upon the exercise of the Preferred Stock this Warrant or any other Warrant of this series or of any other series or security issued by the Company in connection with the offer and sale of this Company’s securities pursuant to the Purchase Agreement, or (3C) other than the SLD Debentures, upon the exercise of or conversion of any convertible securitiesConvertible Securities, options Options or warrants issued and outstanding on the Original Issue Date, provided that the such securities have not been amended since the date of the Purchase Agreement, or (4D) acquisitions or strategic investments, the primary purpose of which is not to raise capital.

Exceptions to Adjustment of Exercise Price. Notwithstanding the foregoing, no adjustment will be made under this Section 11(b) in respect of (1) the granting of options to employees, officers and directors of the Company pursuant to any stock option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose, (2) upon the exercise of the Preferred Stock Debentures or any Debentures of this series or of any other series or security issued by the Company in connection with the offer and sale of this Company’s 's securities pursuant to the Purchase Agreement, or (3) upon the exercise of or conversion of any convertible securities, options Convertible Securities or warrants Options issued and outstanding on the Original Issue Date, provided that the securities have not been amended since the date of the Purchase Agreement except as a result of the Purchase Agreement, or (4) acquisitions or strategic investments, the primary purpose of which is not to raise capital.

Exceptions to Adjustment of Exercise Price. Notwithstanding the foregoing, no adjustment will be made under this Section 11(b) in respect of (1) the granting of options to employees, officers and directors of the Company pursuant to any stock option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose, (2) upon the exercise of the Preferred Stock Debentures or any Debentures of this series or of any other series or security issued by the Company in connection with the offer and sale of this Company’s 's securities pursuant to the Purchase Agreement, or (3) upon the exercise of or conversion of any convertible securities, options or warrants issued and outstanding on the Original Issue Date, provided that the securities have not been amended since the date of the Purchase Agreement, or (4) acquisitions or strategic investments, the primary purpose of which is not to raise capital.

Exceptions to Adjustment of Exercise Price. Notwithstanding the foregoing, no adjustment will be made under this Section 11(b) in respect of (1) the granting of options to employees, officers and directors of the Company pursuant to any stock option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose, (2) upon the exercise of the Preferred Stock Debentures or any Debentures of this series or of any other series or security issued by the Company in connection with the offer and sale of this Company’s 's securities pursuant to the Purchase Agreement, or (3) upon the exercise of or conversion of any convertible securities, options Convertible Securities or warrants Options issued and outstanding on the Original Issue Initial Exercise Date, provided that the securities have not been amended since the date of the Purchase Agreement except as a result of the Purchase Agreement, or (4) acquisitions or strategic investments, the primary purpose of which is not to raise capital.

Exceptions to Adjustment of Exercise Price. Notwithstanding the foregoing, no adjustment will be made under this Section 11(b) in respect of (1) the granting of options to employees, officers and directors of the Company pursuant to any stock option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose, (2) upon the exercise of the Preferred Stock Debentures or any Debentures of this series or of any other series or security issued by the Company in connection with the offer and sale of this Company’s 's securities pursuant to the Purchase Agreement, or (3) upon the exercise of or conversion of any convertible securities, options Common Stock Equivalents or warrants Options issued and outstanding on the Original Issue Date, provided that the securities have not been amended since the date of the Purchase Agreement except as a result of the Purchase Agreement, or (4) acquisitions or strategic investments, the primary purpose of which is not to raise capital.