Common use of Issuance of Additional Shares of Capital Stock Clause in Contracts

Issuance of Additional Shares of Capital Stock. If the Company at any time while the Warrant remains outstanding and unexpired shall issue any Additional Shares of Capital Stock (otherwise than as provided in the foregoing subsections (a) through (c) above) at a price per share less, or for other consideration lower, than the Base Price, or without consideration, then upon such issuance the Warrant Price shall be adjusted to that price determined by multiplying the Warrant Price by a fraction (i) the numerator of which shall be the number of shares of Capital Stock outstanding immediately prior to the issuance of such Additional Shares of Capital Stock plus the number of shares of Capital Stock which the aggregate consideration for the total number of such Additional Shares of Capital Stock so issued would purchase at the Base Price, and (ii) the denominator of which shall be the number of shares of Capital Stock outstanding immediately prior to the issuance of such Additional Shares of Capital Stock plus the number of such Additional Shares of Capital Stock so issued. The provisions of this subsection 6(d) shall not apply under any of the circumstances for which an adjustment is provided in subsections 6(a), 6(b), or 6(c). No adjustment of the Warrant Price shall be made under this subsection 6(d) upon the issuance of any Additional Shares of Capital Stock which are issued pursuant to the exercise of any warrants, options or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any convertible securities if any such

Issuance of Additional Shares of Capital Stock. If the Company at any time while the Warrant remains outstanding and unexpired shall issue any Additional Shares of Capital Stock (otherwise than as provided in the foregoing subsections (a) through (c) above) at a price per share less, or for other consideration lower, than the Base Price, or without consideration, then upon such issuance the Warrant Price shall (upon such issuance) be adjusted to that price determined by multiplying the Warrant Price by a fraction (i) the numerator of which shall be the number of shares of Capital Stock outstanding immediately prior to the issuance of such Additional Shares of Capital Stock plus the number of shares of Capital Stock which the aggregate consideration for the total number of such Additional Shares of Capital Stock so issued would purchase at the Base Price, and (ii) the denominator of which shall be the number of shares of Capital Stock outstanding immediately prior to the issuance of such Additional Shares of Capital Stock plus the number of such Additional Shares of Capital Stock so issued. The provisions of this subsection 6(d) shall not apply under any of the circumstances for which an adjustment is provided in subsections 6(a), 6(b), or 6(c). No adjustment of the Warrant Price shall be made under this subsection 6(d) upon the issuance of any Additional Shares of Capital Stock which are issued pursuant to the exercise of any warrants, options or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any convertible securities if any suchsuch adjustments shall previously have been made upon the issuance of any such warrants, options or other rights or upon the issuance of any convertible securities (or upon the issuance of any warrants, options or any rights therefor) pursuant to subsections 6(e) or 6(f) hereof.