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

Issuance of Additional Shares of Nonpreferred Stock. In case at any time or from time to time the Company shall (except as hereinafter provided) issue any Additional Shares of Nonpreferred Stock at a price per share that is lower than the Current Market Price per share of Common Stock on the date of such issuance, then the number of shares of Common Stock thereafter comprising a Share shall be adjusted to that number determined by multiplying the number of shares of Common Stock comprising a Share immediately prior to such adjustment by a fraction (i) the numerator of which shall be the number of shares of Nonpreferred Stock outstanding immediately after such issuance of such shares of Additional Shares of Nonpreferred Stock, and (ii) the denominator of which shall be an amount equal to the sum of (x) the number of shares of Nonpreferred Stock outstanding immediately prior to the issuance of such shares of Additional Shares of Nonpreferred Stock plus (y) the number of shares of Nonpreferred Stock which the aggregate consideration received by the Company for the total number of such Additional Shares of Nonpreferred Stock (as determined in accordance with Section 4.F) so issued would then purchase at the Current Market Price per share of Common Stock. No adjustment to the number of shares of Common Stock comprising a Share shall be made under this Section 4.B upon the issuance of any Additional Shares of Nonpreferred Stock which are issued pursuant to the exercise of any warrants or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any Convertible Securities, if any such adjustment shall previously have been made upon the issuance of such warrants or other rights or upon the issuance of such Convertible Securities (or upon the issuance of any warrant or other rights therefor) pursuant to Sections 4.C or D.

Issuance of Additional Shares of Nonpreferred Stock. In case at any time or from time to time the Company shall (except as hereinafter provided) issue issue, whether in connection with the merger of a corporation into the Company or otherwise, any Additional Shares of Nonpreferred Stock at for a price consideration per share that is lower less than the Current Market Price per share of Common Stock on the date of such issuanceStock, then the number of shares of Common Stock thereafter comprising a Share Exercise Price shall be adjusted reduced to that number the price determined by multiplying the number of shares of Common Stock comprising a Share Exercise Price in effect immediately prior to such adjustment issuance or sale by a fraction (i) the numerator of which shall be is an amount equal to the sum of (1) the total number of shares of Nonpreferred Common Stock outstanding immediately after prior to the issuance or sale of such shares, multiplied by the Current Market Price in effect immediately prior to such issuance or sale, and (2) the aggregate of the amount of all consideration, if any, received by the Company upon such shares of Additional Shares of Nonpreferred Stockissuance or sale, and (ii) the denominator of which shall be an amount equal to is the sum of (x) the total number of shares of Nonpreferred Common Stock outstanding immediately after such issuance or sale multiplied by the Current Market Price in effect immediately after such issuance or sale; provided, however, that in no event shall the Exercise Price be adjusted pursuant to this computation to an amount in excess of the Exercise Price in effect immediately prior to such computation. For purposes of this subsection 6.2, the issuance date as of such shares of Additional Shares of Nonpreferred Stock plus (y) the number of shares of Nonpreferred Stock which the aggregate consideration received by the Company for the total number of such Additional Shares of Nonpreferred Stock (as determined in accordance with Section 4.F) so issued would then purchase at Current Warrant Price and the Current Market Price per share of Common Stock shall be computed shall be the earlier of (i) the date on which the Company shall enter into a firm contract for the issuance of such Additional Shares of Nonpreferred Stock, or (ii) the date of actual issuance of such Additional Shares of Nonpreferred Stock. The provisions of this subsection 6.2 shall not apply to any issuance of Additional Shares of Nonpreferred Stock for which an adjustment is provided under subsection 6.1 of this Section 6. No adjustment to of the number of shares of Common Stock comprising a Share Exercise Price shall be made under this Section 4.B subsection 6.2 upon the issuance of any Additional Shares of Nonpreferred Stock which are issued pursuant to the exercise of any options, warrants or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any Convertible Securities, if any such adjustment shall previously have been made upon the issuance of such options, warrants or other rights or upon the issuance of such Convertible Securities (or upon the issuance of any option, warrant or other rights right therefor) pursuant to Sections 4.C or D.subsection 6.3 of this Section 6.

Issuance of Additional Shares of Nonpreferred Stock. In case If at any time or from time to time the Company Issuer shall (except as hereinafter providedprovided below) issue issue, whether in connection with the merger of a corporation into the Issuer or otherwise, any Additional Shares of Nonpreferred Stock at for a price consideration per share that is lower less than the Current Market Price per share of Common Stock on the date of such issuancestock, then the number of shares of Common Stock thereafter comprising a Share Stock Unit shall be adjusted to be that number determined by multiplying the number of shares of Common Stock comprising a Share Stock Unit immediately prior to such adjustment by a fraction (ia) the numerator of which shall be the sum of (i) the number of shares of Nonpreferred Stock outstanding immediately after such issuance of such shares of Additional Shares of Nonpreferred Stock, Stock so issued and (ii) the denominator of which shall be an amount equal to the sum of (x) the number of shares of Nonpreferred Stock outstanding immediately prior to such issuance, and (b) the issuance denominator of which shall be the sum of (i) the number of such Additional Shares of Nonpreferred Stock that the aggregate consideration for the total number of such shares of Additional Shares of Nonpreferred Stock plus (y) the number of shares of Nonpreferred Stock which the aggregate consideration received by the Company for the total number of such Additional Shares of Nonpreferred Stock (as determined in accordance with Section 4.F) so issued would then purchase at the Current Market Price per share of Common Stock and (ii) the number of shares of Nonpreferred Stock outstanding immediately prior to such issuance. For purposes of this Subsection 4.3, the date as of which the Current Market Price per share of Common Stock shall be computed shall be the earlier of (i) the date on which the Issuer shall enter into a firm contract for the issuance of such Additional Shares of Nonpreferred Stock, or (ii) the date of actual issuance of such Additional Shares of Nonpreferred Stock. For the purpose of calculations pursuant to this Section 4.3, Nonpreferred Stock issuable upon conversion of the Preferred Shares (as defined in the Investment Agreement) or upon exercise or conversion of Convertible Securities, warrants, options or other rights outstanding at the time of such calculation (computed based on an assumed exercise or conversion as of the date as to which number of outstanding shares of Nonpreferred Stock is so calculated) for which an adjustment was required to be made, or it has been determined that no adjustment was required to be made, pursuant to Subsection 4.4 or 4.5, shall be deemed to be outstanding at the time of such calculation. The provisions of this Subsection 4.3 shall not apply to any issuance of Additional Shares of Nonpreferred Stock for which an adjustment is provided under Subsection 4.1. No adjustment to of the number of shares of Common Stock comprising a Share Stock Unit shall be made under this Section 4.B Subsection 4.3 upon the issuance of any Additional Shares of Nonpreferred Stock which that are issued pursuant to the exercise of any options, warrants or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any Convertible Securities, if any such adjustment shall previously have been made (or it was determined that no adjustment was to be made at the time of issuance) upon the issuance of such options, warrants or other rights or upon the issuance of such Convertible Securities (or upon the issuance of any option, warrant or other rights right therefor) pursuant to Sections 4.C Subsection 4.4 or D.4.5. Notwithstanding the foregoing, no adjustment shall be required pursuant to this Subsection 4.3, (1) upon the issuance or conversion of the Preferred Shares (as such term is defined in the Investment Agreement), (2) in connection with the issuance of Additional Shares of Nonpreferred Stock upon the exercise or

Issuance of Additional Shares of Nonpreferred Stock. In case If at any time or from time to time the Company Issuer shall (except as hereinafter providedprovided below) issue issue, whether in connection with the merger of a corporation into the Issuer or otherwise, any Additional Shares of Nonpreferred Stock at for a price consideration per share that is lower less than the Current Market Price per share of Common Stock on the date of such issuancestock, then the number of shares of Common Stock thereafter comprising a Share Stock Unit shall be adjusted to be that number determined by multiplying the number of shares of Common Stock comprising a Share Stock Unit immediately prior to such adjustment by a fraction (ia) the numerator of which shall be the sum of (i) the number of shares of Nonpreferred Stock outstanding immediately after such issuance of such shares of Additional Shares of Nonpreferred Stock, Stock so issued and (ii) the denominator of which shall be an amount equal to the sum of (x) the number of shares of Nonpreferred Stock outstanding immediately prior to such issuance, and (b) the issuance denominator of which shall be the sum of (i) the number of such Additional Shares of Nonpreferred Stock that the aggregate consideration for the total number of such shares of Additional Shares of Nonpreferred Stock plus (y) the number of shares of Nonpreferred Stock which the aggregate consideration received by the Company for the total number of such Additional Shares of Nonpreferred Stock (as determined in accordance with Section 4.F) so issued would then purchase at the Current Market Price per share of Common Stock and (ii) the number of shares of Nonpreferred Stock outstanding immediately prior to such issuance. For purposes of this Subsection 4.3, the date as of which the Current Market Price per share of Common Stock shall be computed shall be the earlier of (i) the date on which the Issuer shall enter into a firm contract for the issuance of such Additional Shares of Nonpreferred Stock, or (ii) the date of actual issuance of such Additional Shares of Nonpreferred Stock. For the purpose of calculations pursuant to this Section 4.3, Nonpreferred Stock issuable upon conversion of the Preferred Shares (as defined in the Investment Agreement) or upon exercise or conversion of Convertible Securities, warrants, options or other rights outstanding at the time of such calculation (computed based on an assumed exercise or conversion as of the date as to which number of outstanding shares of Nonpreferred Stock is so calculated) for which an adjustment was required to be made, or it has been determined that no adjustment was required to be made, pursuant to Subsection 4.4 or 4.5, shall be deemed to be outstanding at the time of such calculation. The provisions of this Subsection 4.3 shall not apply to any issuance of Additional Shares of Nonpreferred Stock for which an adjustment is provided under Subsection 4.1. No adjustment to of the number of shares of Common Stock comprising a Share Stock Unit shall be made under this Section 4.B Subsection 4.3 upon the issuance of any Additional Shares of Nonpreferred Stock which that are issued pursuant to the exercise of any options, warrants or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any Convertible Securities, if any such adjustment shall previously have been made (or it was determined that no adjustment was to be made at the time of issuance) upon the issuance of such options, warrants or other rights or upon the issuance of such Convertible Securities (or upon the issuance of any option, warrant or other rights right therefor) pursuant to Sections 4.C Subsection 4.4 or D.4.5. Notwithstanding the foregoing, no adjustment shall be required pursuant to this Subsection 4.3, (1) upon the issuance or conversion of the Preferred Shares (as such term is defined in the Investment Agreement), (2) in connection with the issuance of Additional Shares of Nonpreferred Stock upon the exercise or conversion, in accordance with the terms thereof, of any warrants, options or other rights to subscribe for or purchase such shares, or any Convertible Securities, which were outstanding on [confidential portion omitted], or (3) in connection with the issuance of no more than [confidential portion omitted] (subject to appropriate adjustment for stock splits, stock dividends and similar events) Additional Shares of Nonpreferred Stock (in addition to those permitted in (2) immediately above) in accordance with and pursuant to any employee benefit plan to which employees, directors and/or consultants of the Issuer are entitled to participate, which plan shall have been approved by the stockholders of the Issuer.

Issuance of Additional Shares of Nonpreferred Stock. In case at any time or from time to time the Company shall (except as hereinafter provided) issue issue, whether in connection with the merger of a corporation into the Company or otherwise, any Additional Shares of Nonpreferred Stock at for a price consideration per share that is lower less than the greater of the Current Warrant Price or the Current Market Price per share of Common Stock on the date of such issuanceStock, then the number of shares of Common Stock thereafter comprising a Share Stock Unit shall be adjusted to be that number determined by multiplying the number of shares of Common Stock comprising a Share Stock Unit immediately prior to such adjustment by a fraction (ix) the numerator of which shall be the number of shares of Nonpreferred Stock outstanding immediately after such issuance Stock, plus the number of such shares of Additional Shares of Nonpreferred StockStock so issued, and (iiy) the denominator of which shall be an amount equal to the sum of (x) the number of shares of Nonpreferred Stock outstanding immediately prior to the issuance of such shares of Additional Shares of Nonpreferred Stock Stock, plus (y) the number of shares of Nonpreferred Stock which the aggregate consideration received by the Company for the total number of such Additional Shares of Nonpreferred Stock (as determined in accordance with Section 4.F) so issued would then purchase at the greater of the Current Warrant Price or the Current Market Price per share of Common Stock. For purposes of this Subsection 4.3, the date as of which the Current Warrant Price and the Current Market Price per share of Common Stock shall be computed shall be the earlier of (i) the date on which the Company shall enter into a firm contract for the issuance of such Additional Shares of Nonpreferred Stock, or (ii) the date of actual issuance of such Additional Shares of Nonpreferred Stock. The provisions of this Subsection 4.3 shall not apply to any issuance of Additional Shares of Nonpreferred Stock for which an adjustment is provided under Subsection 4.1 of this Section 4. No adjustment to of the number of shares of Common Stock comprising a Share Stock Unit shall be made under this Section 4.B Subsection 4.3 upon the issuance of any Additional Shares of Nonpreferred Stock which are issued pursuant to the exercise of any options, warrants or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any Convertible Securities, if any such adjustment shall previously have been made upon the issuance of such options, warrants or other rights or upon the issuance of such Convertible Securities (or upon the issuance of any option, warrant or other rights right therefor) pursuant to Sections 4.C Subsection 4.4 or D.4.5 of this Section 4.