IN COMMON STOCK Clause Samples

IN COMMON STOCK. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Class A Warrant or into which such securities are convertible) shall have received or become entitled to receive, without payment therefore: i. Capital stock, Common Stock or any shares of stock or other securities which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution; or ii. Capital stock, Common Stock or additional stock or other securities or property (including cash) by way of spinoff, split-up, reclassification, combination of shares or similar corporate rearrangement (other than shares of Common Stock issued as a stock split or adjustments in respect of which shall be covered by the terms of Section 2A above), then and in each such case, the Holder hereof shall, upon the exercise of this Class A Warrant, be entitled to receive, in addition to the number of shares of capital stock or Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property which such Holder would hold on the date of such exercise had he been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

IN COMMON STOCK. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any Acquiror Common Stock or Acquiror Preferred Stock, or split, combine or reclassify any Acquiror Common Stock or Acquiror Preferred Stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of Acquiror Common Stock or Acquiror Preferred Stock, or repurchase or otherwise acquire, directly or indirectly, any shares of Acquiror Common Stock or Acquiror Preferred Stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;

IN COMMON STOCK. The Company, at its option, may pay fees due under paragraph (b) of this Section 5 in cash, or by issuance of Restricted Common Stock or freely tradeable, registered Common Stock. (Restricted Common Stock shall be issued at a rate equal to the lesser of (i) twenty percent (20%) of the Bid Price on the day prior to the closing date of a transaction which entitles the Consultant to receive such fees, or (ii) $2.50. Freely tradeable, registered Common Stock, pursuant to an effective and current registration statement, shall be issued at the rate equal to the lesser of (i) ten percent (10%) of the Bid Price on the day prior to the closing date of a transaction which entitles the Consultant to receive such fees, or $4.

IN COMMON STOCK. The Company, at its option, may pay fees due under paragraph (c) of this Section 5 by issuance of Restricted Common Stock or freely tradeable, registered Common Stock. Restricted Common Stock shall be issued at a rate equal to the lesser of (i) fifty percent (50%) of the Market Price of the Company's common stock on the day prior to the closing date of a transaction which entitles the Consultant to receive such fees, or (ii) $0.50 per share. Freely tradeable, registered Common Stock, pursuant to an effective and current registration statement, shall be issued at the rate equal to seventy percent (70%) of the Market Price of the Company's common stock on the day prior to the closing date of a transaction which entitles the Consultant to receive such fees. For purposes of this Section 5(e), the term "Market Price" as of a particular date shall mean the average of the three lowest closing prices of the common stock of the Company reported for the twenty trading days ending on the date in question. All fees payable hereunder shall be paid within seven business days following the closing date of a transaction which entitles the Consultant to receive such fees. In the event the Common Stock of the Company is not then listed on a national securities exchange or market, then, at the Consultant's option, the Company shall pay all fees due under paragraph (c) of this Section 5 either (i) in the form of, and based on the same value established by, the consideration paid or received in the transaction triggering such fees, or (ii) in cash.

IN COMMON STOCK. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any Target Stock, or split, combine or reclassify any Target Stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of Target Stock, or repurchase or otherwise acquire, directly or indirectly, any shares of Target Stock except (i) from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or (ii) from existing employees or directors in accordance with agreements providing for the repurchase of Target Stock at a nominal price in conjunction with funding Target's employee stock option plan;

IN COMMON STOCK. 87 SECTION 13.3 Notices; Method of Exercising Repurchase Right, Etc............................................88 SECTION 13.4

IN COMMON STOCK. Signing Stockholder Ownership Interest ------------------- ------------------ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ 935,900 ▇▇▇▇▇ ▇▇▇ 214,000