Exceptions to Anti-Dilution Adjustments. This Section 5.4 shall not apply under any of the following circumstances: (a) upon the occurrence of any event which would constitute an Extraordinary Common Stock Event (as described below); (b) except as provided in Section 5.4.6, upon the exercise or conversion of any warrants, options, or convertible securities issued and outstanding on the date of original issuance of this Note; (c) upon the grant of any options to purchase Common Stock under any employee benefit plan now existing or implemented in the future, provided the grant of such options is approved by the Board of Directors of the Company, and further provided the total number of shares of Common Stock subject to options granted on or after the date of original issuance of this Note is no greater than 21,766,212 plus amounts permitted pursuant to Section 9.11 of the Purchase Agreement; or (d) upon the exercise of any options referenced in Section 5.4.7(c).
Appears in 6 contracts
Samples: Securities Purchase Agreement (Airnet Communications Corp), Securities Purchase Agreement (Airnet Communications Corp), Securities Purchase Agreement (Airnet Communications Corp)
