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

Issuance of Additional Shares of Common Stock. (a) If at any time Company shall (except as hereinafter provided) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, in exchange for consideration in an amount per Additional Share of Common Stock less than the Current Market Price, then (i) the Warrant Price as to the number of shares for which this Warrant is exercisable prior to such adjustment shall be reduced to a price determined by dividing (A) an amount equal to the sum of (x) the number of shares of Common Stock Outstanding immediately prior to such issue or sale multiplied by the Current Market Price plus (y) the consideration, if any, received by Company upon such issue or sale as determined pursuant to Section 4.7(a), by (B) the total number of shares of Common Stock Outstanding immediately after such issue or sale; and (ii) the number of shares of Common Stock for which this Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the Warrant Price in effect immediately prior to such issue or sale by the number of shares of Common Stock for which this Warrant is exercisable immediately prior to such issue or sale and dividing the product thereof by the Warrant Price resulting from the adjustment made pursuant to clause (i) above. (b) The provision of paragraph (a) shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is provided under Section 4.1 or 4.

Issuance of Additional Shares of Common Stock. (ai) If at any time while this Warrant is outstanding the Company shall (except as hereinafter provided) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, Stock in exchange for consideration in an amount per Additional Share of Common Stock less than $1.50 (as adjusted for stock splits, stock dividends and the like) at the time the additional shares of Common Stock are issued or sold, then: (A) the Current Market Price, then (i) the Warrant Price as to the number of shares for which this Warrant is exercisable immediately prior to such adjustment issue or sale shall be reduced to a price determined by dividing dividing (A1) an amount equal to the sum of (xa) the number of shares of Common Stock Outstanding outstanding immediately prior to such issue or sale multiplied by the then existing Current Market Price Warrant Price, plus (yb) the consideration, if any, received by the Company upon such issue or sale as determined pursuant to Section 4.7(a)sale, by by (B2) the total number of shares of Common Stock Outstanding outstanding immediately after such issue or sale; and and (iiB) the number of shares of Common Stock for which acquirable upon exercise of this Warrant is exercisable shall be adjusted to equal the product amount obtained by by (1) multiplying the Current Warrant Price in effect immediately prior to such issue or sale by the number of shares of Common Stock for which acquirable upon exercise of this Warrant is exercisable immediately prior to such issue or sale and and (2) dividing the product thereof by the Current Warrant Price resulting from the adjustment made pursuant to clause (i) aboveA). (bii) The provision provisions of paragraph (a4.3(i) shall not apply to any issuance of Additional Shares additional shares of Common Stock for which an adjustment is provided under Section 4.1 or 4.

Issuance of Additional Shares of Common Stock. (a) If Except as --------------------------------------------- provided in Section 2.10 of this Warrant, in case the Company at any time Company or from time to time after the date hereof shall (except as hereinafter provided) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, in exchange for consideration in an amount per Stock (including Additional Share Shares of Common Stock deemed to be issued pursuant to Section 2.3 or 2.4) without consideration or for a consideration per share less than the Current Market Price, then (i) the Warrant Price as to the number of shares for which this Warrant is exercisable prior to such adjustment shall be reduced to a price determined by dividing (A) an amount equal to the sum of (x) the number of shares of Common Stock Outstanding immediately prior to such issue or sale multiplied by the Current Market Price plus (y) the consideration, if any, received by Company upon such issue or sale as determined pursuant to Section 4.7(a), by (B) the total number of shares of Common Stock Outstanding immediately after such issue or sale; and (ii) the number of shares of Common Stock for which this Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the Warrant Price in effect immediately prior to such issue or sale sale, then, and in each such case, subject to Section 2.8, the Warrant Quantity shall be increased, concurrently with such issue or sale, to an amount determined by multiplying the Warrant Quantity by a fraction (a) the numerator of which shall be the number of shares of Common Stock outstanding immediately after such issue of sale, provided -------- that, for the purposes of this Section 2.2.1, (x) immediately after any - Additional Shares of Common Stock are deemed to have been issued pursuant to Section 2.3 or 2.4, such Additional Shares shall be deemed to be outstanding, and (y) treasury shares shall not be deemed to be outstanding, - and (b) the denominator of which this Warrant is exercisable shall be (i) the number of shares of - Common Stock outstanding immediately prior to such issue or sale and dividing plus (ii) -- the product thereof number of shares of Common Stock which the aggregate consideration received by the Warrant Price resulting from Company for the adjustment made pursuant to clause (i) above. (b) The provision total number of paragraph (a) shall not apply to any issuance of such Additional Shares of Common Stock for which an adjustment is provided under Section 4.1 so issued or 4sold would purchase at such Current Market Price.

Issuance of Additional Shares of Common Stock. (a) i. If at any time while this Warrant is outstanding the Company shall (except as hereinafter provided) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, Stock in exchange for consideration in an amount per Additional Share of Common Stock less than the Current Market PriceWarrant Price at the time the additional shares of Common Stock are issued or sold, then: (iA) the Current Warrant Price as to the number of shares for which this Warrant is exercisable immediately prior to such adjustment issue or sale shall be reduced to a price determined by dividing dividing (A1) an amount equal to the sum of of (xa) the number of shares of Common Stock Outstanding outstanding immediately prior to such issue or sale multiplied by the then existing Current Market Price plus Warrant Price, plus (yb) the consideration, if any, received by the Company upon such issue or sale as determined pursuant to Section 4.7(a)sale, by by (B2) the total number of shares of Common Stock Outstanding outstanding immediately after such issue or sale; and and (iiB) the number of shares of Common Stock for which acquirable upon exercise of this Warrant is exercisable shall be adjusted to equal the product amount obtained by by (1) multiplying the Current Warrant Price in effect immediately prior to such issue or sale by the number of shares of Common Stock for which acquirable upon exercise of this Warrant is exercisable immediately prior to such issue or sale and and (2) dividing the product thereof by the Current Warrant Price resulting from the adjustment made pursuant to clause (i) aboveA). (b) ii. The provision provisions of paragraph (a4.3(i) shall not apply to any issuance of Additional Shares additional shares of Common Stock for which an adjustment is provided under Section 4.1 or 4.

Issuance of Additional Shares of Common Stock. (ai) If If, at any time while this Warrant is outstanding, the Company shall (except as hereinafter provided) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, Stock in exchange for consideration in an amount per Additional Share of Common Stock less than the Current Market PriceWarrant Price at the time the Additional Shares of Common Stock are issued or sold, then: (i) the Warrant Price as to the number of shares for which this Warrant is exercisable prior to such adjustment shall be reduced to a price determined by dividing (A) an amount equal to the sum of (x) the number of shares of Common Stock Outstanding Current Warrant Price immediately prior to such issue or sale multiplied shall be reduced to a price equal to the price for each of the Additional Shares of Common Stock received by or to be received by the Current Market Price plus (y) the consideration, if any, received by Company upon such issue or sale as determined pursuant to Section 4.7(a), by of such Additional Shares of Common Stock; and (B) the total number of shares of Common Stock Outstanding immediately after such issue or sale; and (ii) the number of shares of Common Warrant Stock for which acquirable upon exercise of this Warrant is exercisable shall be adjusted to equal the product amount obtained by by (1) multiplying the Current Warrant Price in effect immediately prior to such issue or sale by the number of shares of Common Stock for which acquirable upon exercise of this Warrant is exercisable immediately prior to such issue or sale and and (2) dividing the product thereof by the Current Warrant Price resulting from the adjustment made pursuant to clause (i) aboveA). (bii) The provision provisions of paragraph (a4.3(i) shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is provided under Section 4.1 or 4.

Issuance of Additional Shares of Common Stock. (a) If at any time the Company shall (except as hereinafter provided) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, in exchange for consideration in an amount per Additional Share of Common Stock less than the Current Market PriceWarrant Price at the time the Additional Shares of Common Stock are issued, then then (i) the Current Warrant Price as to the number of shares for which this Warrant is exercisable prior to such adjustment shall be reduced to a price determined by dividing (A) an amount equal to the sum of (x) the number of shares of Common Stock Outstanding immediately prior to such issue or sale multiplied by the then existing Current Market Price Warrant Price, plus (y) the consideration, if any, received by the Company upon such issue or sale as determined pursuant to Section 4.7(a)sale, by (B) the total number of shares of Common Stock Outstanding immediately after such issue or sale; and (ii) the number of shares of Common Stock for which this Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the Current Warrant Price in effect immediately prior to such issue or sale by the number of shares of Common Stock for which this Warrant is exercisable immediately prior to such issue or sale and dividing the product thereof by the Current Warrant Price resulting from the adjustment made pursuant to clause (i) above. (b) The provision of paragraph (a) shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is provided under Section 4.1 or 4.

Issuance of Additional Shares of Common Stock. (a) If at any time prior --------------------------------------------- to the Expiration Date the Company shall (except as hereinafter provided) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, in exchange Stock for a consideration in an amount per Additional Share of Common Stock share (the "Subsequent Issue Price") less than the Current Market Price, then (i) the Warrant Exercise Price as to the number of shares for which this Warrant is exercisable in effect immediately prior to such adjustment issuance, the Exercise Price shall be reduced to a price determined by the lower of the prices calculated by: (a) dividing (Ai) an amount equal to the sum of (x) the number of shares of Common Stock Outstanding outstanding immediately prior to such issue or sale issuance multiplied by the Current Market Exercise Price then in effect plus (y) the aggregate consideration, if any, received by the Company upon in connection with such issue or sale as determined pursuant to Section 4.7(a), issuance by (Bii) the total number of shares of Common Stock Outstanding outstanding immediately after such issue or saleissuance; and and (iib) multiplying the then existing Exercise Price by a fraction, the numerator of which shall be the quotient obtained by dividing (i) the sum of (x) the number of shares of Common Stock for which this Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the Warrant Price in effect outstanding immediately prior to such issue or sale issuance multiplied by the Current Market Price per share of Common Stock immediately prior to such issuance plus (y) the aggregate consideration received by the Company in connection with such issuance divided by (ii) the total number of shares of Common Stock for outstanding immediately after such issuance, and the denominator of which this Warrant is exercisable shall be the Current Market Price per share of Common Stock immediately prior to such issue or sale and dividing the product thereof by the Warrant Price resulting from the adjustment made pursuant to clause (i) aboveissuance. (b) The provision of paragraph (a) shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is provided under Section 4.1 or 4.

Issuance of Additional Shares of Common Stock. (a) If at any time Company shall (except as hereinafter provided) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, Stock in exchange for consideration in an amount per Additional Share of Common Stock less than the Current Market PriceWarrant Price at the time the Additional Shares of Common Stock are issued, then: (i) the Current Warrant Price as to the number of shares for which this Warrant is exercisable prior to such adjustment shall be reduced to a price determined by dividing multiplying the Current Warrant Price then in effect by a fraction (A) the numerator of which is an amount equal to the sum of (x) the number of shares of Common Stock Outstanding immediately prior to such issue or sale multiplied by the then existing Current Market Price Warrant Price, plus (y) the consideration, if any, received by Company upon such issue or sale as determined pursuant to Section 4.7(a)sale, by and (B) the denominator of which is the total number of shares of Common Stock Outstanding immediately after such issue or sale; and and (ii) the number of shares of Common Stock for which this Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the Current Warrant Price in effect immediately prior to such issue or sale by the number of shares of Common Stock for which this Warrant is exercisable immediately prior to such issue or sale and dividing the product thereof by the Current Warrant Price resulting from the adjustment made pursuant to clause (i) above. (b) The provision of paragraph (a) shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is provided under Section 4.1 or 4.

Issuance of Additional Shares of Common Stock. (ai) If at any time the Company shall (except as hereinafter provided) issue or sell sell, on or after the Closing Date, any Additional Shares of Common Stock, other than Permitted Issuances, Stock in exchange for consideration in an amount per Additional Share of Common Stock less than the Current Market PriceCommon Price at the time the Additional Shares of Common Stock are issued or sold, then (i) the Warrant Price as to the number of shares for which , if this Warrant is exercisable outstanding: (A) the Current Common Price immediately prior to such adjustment issue or sale shall be reduced to a price determined by dividing dividing (A1) an amount equal to the sum of (xa) the number of shares of Common Stock Outstanding outstanding immediately prior to such issue or sale multiplied by the then existing Current Market Price Common Price, plus (yb) the consideration, if any, received by the Company upon such issue or sale as determined pursuant to Section 4.7(a)sale, by by (B2) the total number of shares of Common Stock Outstanding outstanding immediately after such issue or sale; and and (iiB) the number of shares of Common Stock for which acquirable upon exercise of this Warrant is exercisable shall be adjusted to equal the product amount obtained by by (1) multiplying the Warrant Current Common Price in effect immediately prior to such issue or sale by the number of shares of Common Stock for which acquirable upon exercise of this Warrant is exercisable immediately prior to such issue or sale and and (2) dividing the product thereof by the Warrant Current Common Price resulting from the adjustment made pursuant to clause (iA) aboveof this Section 5.3. (bii) The provision provisions of paragraph (a5.3(i) shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is provided under Section 4.1 5.1 or 45.

Issuance of Additional Shares of Common Stock. (a) If at any time the Company shall (except as hereinafter providedprovided in Section 4.2(b)) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, in exchange Stock and such Additional Shares of Common Stock are issued or sold for no consideration or for consideration in an amount per Additional Share additional share of Common Stock less than the Current Fair Market Price, then (i) Value then the Applicable Warrant Price as to the number of shares for which this Warrant is exercisable prior to such adjustment shall be reduced to a price determined by dividing multiplying (i) the Applicable Warrant Price, by (ii) a fraction, (A) an amount equal to the numerator of which is the sum of (x1) the number of shares of Common Stock Outstanding immediately prior to such issue issuance or sale multiplied by the Current Market Price sale, plus (y2) an amount equal to the quotient arrived at by dividing the aggregate consideration, if any, received by the Company upon such issue issuance or sale as determined pursuant to Section 4.7(a)sale, by the Fair Market Value per share of the shares so issued or sold, and (B) the total denominator of which is the number of shares of Common Stock Outstanding immediately after such issue issuance or sale; and (ii) the number of shares of Common Stock for which this Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the Warrant Price in effect immediately prior to such issue or sale by the number of shares of Common Stock for which this Warrant is exercisable immediately prior to such issue or sale and dividing the product thereof by the Warrant Price resulting from the adjustment made pursuant to clause (i) above. (b) The provision provisions of paragraph (aSection 4.2(a) shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is provided under Section Sections 4.1 or 44.7. No adjustment of the number of shares of Common Stock for which this Warrant shall be exercisable or the Applicable Warrant Price shall be made under Section 4.2(a) upon the issuance of any Additional Shares of Common Stock which are issued pursuant to the exercise, conversion or exchange of any Convertible Securities.

Issuance of Additional Shares of Common Stock. (a) If at any time the Company shall (except as hereinafter provided) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, in exchange Stock for consideration in an amount per Additional Share of Common Stock less than the Current Market Price, then (i) the Warrant Price as to the number of shares for which this Warrant is exercisable prior to such adjustment shall be reduced to a price determined by dividing (A) an amount equal to the sum of (x) the number of shares of Common Stock Outstanding immediately prior to such issue or sale multiplied by the Current Market Price plus (y) the consideration, if any, received by Company upon such issue or sale as determined pursuant to Section 4.7(a), by (B) the total number of shares of Common Stock Outstanding immediately after such issue or sale; and (ii) then the number of shares of Common Stock for which this Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the Warrant Price in effect immediately prior to such issue or sale by the number of shares of Common Stock for which this Warrant is exercisable immediately prior to such issue or sale by a fraction (I) the numerator of which shall be the number of Fully Diluted Outstanding shares of Common Stock immediately after such issue or sale, and dividing (II) the product thereof by denominator of which shall be the Warrant Price resulting from number of Fully Diluted Outstanding shares of Common Stock immediately prior to such issue or sale plus the adjustment made pursuant to clause (i) above. (b) The provision number of paragraph (a) shall not apply to any issuance shares which the aggregate offering price of the total number of such Additional Shares of Common Stock would purchase at the then Current Market Price. Current Warrant Price shall be adjusted to equal the Current Warrant Price hereunder immediately prior to any such adjustment multiplied by a fraction, the numerator of which shall be the number of shares for which an adjustment this Warrant is provided under Section 4.1 or 4exercisable immediately prior to such adjustment, and the denominator is the number of shares for which this Warrant is exercisable immediately after such adjustment, as calculated above.

Issuance of Additional Shares of Common Stock. (ai) If at any time while this Warrant is outstanding the Company shall (except as hereinafter provided) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, Stock in exchange for consideration in an amount per Additional Share of Common Stock less than the Current Market PriceWarrant Price at the time the additional shares of Common Stock are issued or sold, then: (iA) the Current Warrant Price as to the number of shares for which this Warrant is exercisable immediately prior to such adjustment issue or sale shall be reduced to a price determined by dividing dividing (A1) an amount equal to the sum of (xa) the number of shares of Common Stock Outstanding outstanding immediately prior to such issue or sale multiplied by the then existing Current Market Price Warrant Price, plus (yb) the consideration, if any, received by the Company upon such issue or sale as determined pursuant to Section 4.7(a)sale, by by (B2) the total number of shares of Common Stock Outstanding outstanding immediately after such issue or sale; and and (iiB) the number of shares of Common Stock for which acquirable upon exercise of this Warrant is exercisable shall be adjusted to equal the product amount obtained by by (1) multiplying the Current Warrant Price in effect immediately prior to such issue or sale by the number of shares of Common Stock for which acquirable upon exercise of this Warrant is exercisable immediately prior to such issue or sale and and (2) dividing the product thereof by the Current Warrant Price resulting from the adjustment made pursuant to clause (i) aboveA). (bii) The provision provisions of paragraph (a4.3(i) shall not apply to any issuance of Additional Shares additional shares of Common Stock for which an adjustment is provided under Section 4.1 or 4.

Issuance of Additional Shares of Common Stock. (ai) If at any time while this Warrant is outstanding prior to the date that is twelve months after the Effective Date, the Company shall (except as hereinafter provided) issue or sell any Additional Shares of Common Stock, other than Permitted Issuances, Stock in exchange for consideration in an amount per Additional Share of Common Stock less than the Current Market PriceWarrant Price with respect to a class of Warrant at the time the Additional Shares of Common Stock are issued or sold, then: (iA) the such Current Warrant Price as to the number of shares for which this Warrant is exercisable immediately prior to such adjustment issue or sale shall be reduced to a price determined by dividing dividing (A1) an amount equal to the sum of (xa) the number of shares of Common Stock Outstanding outstanding immediately prior to such issue or sale multiplied by the then existing Current Market Warrant Price for such class of Warrant, plus (yb) the consideration, if any, received by the Company upon such issue or sale as determined pursuant to Section 4.7(a)sale, by by (B2) the total number of shares of Common Stock Outstanding outstanding immediately after such issue or sale; and and (iiB) the number of shares of Common Stock for which this acquirable upon exercise of such class of Warrant is exercisable shall be adjusted to equal the product amount obtained by by (1) multiplying the applicable Current Warrant Price in effect immediately prior to such issue or sale by the number of shares of Common Stock for which this acquirable upon exercise of such class of Warrant is exercisable immediately prior to such issue or sale and and (2) dividing the product thereof by the applicable Current Warrant Price resulting from the adjustment made pursuant to clause (i) aboveA). (bii) The provision provisions of paragraph (a4.3(i) shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is provided under Section 4.1 or 4.