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

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), without consideration or for a consideration per share less than the Average Market Price as in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), without consideration or for a consideration per share less than the Average Market Price fair market value of such additional shares of Common Stock as determined in good faith by the Board of Directors of the Company as in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), ) without consideration or for a consideration per share less than the Average Current Market Price as in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 4.4 or 3.4 4.5 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10)4.11) other than in a Public Offering, without consideration or for a consideration per share less than the Average Current Market Price as in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 ..001 of a cent) determined by the Company by multiplying such Purchase Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.2 or 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), 3.9) without consideration or for a consideration per share less than the Average Current Market Price as in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.83.7, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company Company, at any time or from time to time after September 23, 2002 (the date hereof "INITIAL DATE"), shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 2C or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), 2D) without consideration or for a consideration per share (determined pursuant to Section 2E) less than the Average Market Price as in effect on the date of and immediately prior to such issue or sale, then, and in each such case, subject to Section 3.82H, the Purchase Exercise Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 .00001 of a cent) determined by multiplying such Purchase Exercise Price by a fraction,

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof Financing Agreement Date shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), 3.4) without consideration or for a consideration per share less than the Average Market Price as in effect immediately prior to such issue or sale, then, and in each such casecase (other than issuances pursuant to this Section 3.2.1 consented to in advance by a majority of the Holders and Permitted Issuances), subject to Section 3.8, the Purchase Exercise Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Exercise Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), ) without consideration or for a consideration per share less than the Average greater of the Purchase Price and the Current Market Price as (the “New Securities Issuance Price”) in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Purchase Price shall be reduced, reduced concurrently with such issue or sale, to a price (calculated equal to the nearest .001 of a cent) determined product derived by multiplying such Purchase Price (a) .9 by a fraction(b) the New Securities Issuance Price.

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 4.4 or 3.4 4.5 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10)4.11) other than in a Public Offering, without consideration or for a consideration per share less than the Average Current Market Price as in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by the Company by multiplying such Purchase Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 section 2.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), 2.4) without consideration or for a consideration per share less than the Average Market Price as in effect immediately prior $2.00 (subject to such issue adjustment for stock dividends, stock splits, or salesubdivisions or combinations by reclassifications or otherwise) per share, then, and in each such case, subject to Section 3.8section 2.8, the Purchase Warrant Price in effect immediately prior to such issue or sale, shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying equal to the consideration per share paid for such Purchase Additional Shares of Common Stock. The Warrant Price by shall not be increased as a fractionresult of any such issue or sale.

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), 3.4) without consideration or for a consideration per share less than the Average Market Price as in effect immediately prior to such issue or sale, then, and in each such casecase (other than issuances pursuant to this Section 3.2.1 consented to in advance by a majority of the Holders), subject to Section 3.8, the Purchase Exercise Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Exercise Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 6.4 or 3.4 Section 6.5 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.106.10), without consideration or for a consideration per share less than the Average Current Market Price as in effect Price, immediately prior to such issue or sale, then, and in each such case, subject to Section 3.86.8, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) ), determined by multiplying such Purchase Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), ) without consideration or for a consideration per share less than the Average greater of the Purchase Price and the Current Market Price as in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Price by a fraction

Issuance of Additional Shares of Common Stock. In case the --------------------------------------------- Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), without consideration or for a consideration per share less than the Average Market Price Purchase Price, as in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a centdollar) determined by multiplying such Purchase Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 4.3 or 3.4 4.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), 4.10) without consideration or for a consideration per share less than the Average greater of the Purchase Price and the Current Market Price as in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.84.8, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), without consideration or for a consideration per share less than either the Purchase Price or the Average Market Price as in effect immediately prior to such issue or salesale (the "Base Price"), then, and in each such case, subject to Section 3.8, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Price by a fraction

Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), hereof) without consideration or for a consideration per share less than the Average greater of the Current Market Price as Per Share and the Purchase Price in effect immediately prior to such issue or salesale (the greater of such two numbers being referred to herein as the "Floor Price"), then, and in each such case, subject to Section 3.8, the such Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Price by a fraction,

Issuance of Additional Shares of Common Stock. In Except as otherwise provided in, and subject to, the terms of this Warrant, in case the Company at any time or from time to time after July 31, 2001 (the date hereof "Initial Date") shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 section 2.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), 2.4) without consideration or for a consideration per share less than the Average Market Price as in effect effect, in each case, on the date of and immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8section 2.7, the Purchase such Warrant Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Warrant Price by a fraction,

Issuance of Additional Shares of Common Stock. In case the --------------------------------------------- Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), without consideration or for a consideration per share less than both the Average Current Market Price and the Purchase Price as each are in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Price by a fraction