Common use of Exceptions to Dilutive Issuances Clause in Contracts

Exceptions to Dilutive Issuances. Notwithstanding anything to the contrary herein, no adjustments to this Warrant shall be made for any issuance of shares of Common Stock or other securities (i) on conversion of Series B Preferred Stock or this Warrant; (ii) pursuant to the grant or exercise of options, warrants, other common stock purchase rights or restricted stock issued (or to be issued) to employees, officers, directors of, or consultants or advisors to, the Company pursuant to any stock purchase plan, stock option plan, equity incentive plan or other plan or arrangement approved by the Board of Directors (or the Compensation Committee thereof) at any time; (iii) upon exercise or conversion of any convertible securities of the Company issued or issuable on the date hereof; (iv) to existing warrantholders of the Company as a result of any such warrantholders entering into a Warrant Amendment and Exercise Agreement in the same or substantially the same form, terms and conditions as the Warrant Amendment and Exercise Agreement entered into on the date hereof by and between the Warrantholder and the Company pursuant to which the Warrantholder was issued this Warrant; (v) in connection with the acquisition of all or part of another entity by stock acquisition, merger, consolidation or other reorganization, or by the purchase of all or part of the assets of such other entity (including securities issued to persons formerly employed by such other entity and subsequently hired by the Company and to any brokers or finders in connection therewith); (vi) in connection with strategic transactions (provided such transactions is not primarily for the purpose of raising capital); and (vii) to bona fide commercial partners, or lessors in connection with credit arrangements, equipment financings or similar transactions.