Common use of Issuance of Common Share Equivalents Clause in Contracts

Issuance of Common Share Equivalents. If the Company in any manner issues or sells any Common Share Equivalents and the lowest price per share for which one Common Share is at any time issuable upon the conversion, exercise or exchange thereof or otherwise pursuant to the terms thereof is less than the Exercise Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the issuance or sale of such Common Share Equivalents for such price per share. For the purposes of this Section 3(c)(ii), the “lowest price per share for which one Common Share is issuable upon the conversion, exercise or exchange thereof or otherwise pursuant to the terms thereof” shall be equal to (1) the lower of (x) the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to one Common Share upon the issuance or sale of the Common Share Equivalent and upon conversion, exercise or exchange of such Common Share Equivalent or otherwise pursuant to the terms thereof and (y) the lowest conversion price set forth in such Common Share Equivalent for which one Common Share is issuable upon conversion, exercise or exchange thereof or otherwise pursuant to the terms thereof minus (2) the sum of all amounts paid or payable to the holder of such Common Share Equivalent (or any other Person) upon the issuance or sale of such Common Share Equivalent plus the value of any other consideration received or receivable by, or benefit conferred on, the holder of such Common Share Equivalent (or any other Person). Except as contemplated below, no further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Common Share Equivalents or otherwise pursuant to the terms thereof, and if any such issuance or sale of such Common Share Equivalents is made upon exercise of any Options for which adjustment of the Warrant has been or is to be made pursuant to other provisions of this Section 3(c), except as contemplated below, no further adjustment of the Exercise Price shall be made by reason of such issuance or sale.

Issuance of Common Share Equivalents. If the Company in any manner issues or sells any Common Share Equivalents and the lowest price per share for which one Common Share is at any time issuable upon the conversion, exercise or exchange thereof or otherwise pursuant to the terms thereof is less than the Exercise Price, then such Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the issuance or sale of such Common Share Equivalents for such price per share. For the purposes of this Section 3(c)(ii3(b)(ii), the “lowest price per share for which one Common Share is issuable upon the conversion, exercise or exchange thereof or otherwise pursuant to the terms thereof” shall be equal to (1) the lower of (x) the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to one Common Share upon the issuance or sale of the Common Share Equivalent and upon conversion, exercise or exchange of such Common Share Equivalent or otherwise pursuant to the terms thereof and (y) the lowest conversion price set forth in such Common Share Equivalent for which one Common Share is issuable upon conversion, exercise or exchange thereof or otherwise pursuant to the terms thereof minus (2) the sum of all amounts paid or payable to the holder of such Common Share Equivalent (or any other Person) upon the issuance or sale of such Common Share Equivalent plus the value of any other consideration received or receivable by, or benefit conferred on, the holder of such Common Share Equivalent (or any other Person). Except as contemplated below, no further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Common Share Equivalents or otherwise pursuant to the terms thereof, and if any such issuance or sale of such Common Share Equivalents is made upon exercise of any Options for which adjustment of the Warrant has been or is to be made pursuant to other provisions of this Section 3(c3(b), except as contemplated below, no further adjustment of the Exercise Price shall be made by reason of such issuance or sale.

Issuance of Common Share Equivalents. If the Company in any manner issues or sells any Common Share Equivalents and the lowest price per share for which one share of Common Share is at any time issuable upon the conversion, exercise or exchange thereof or otherwise pursuant to the terms thereof is less than the Exercise Applicable Price, then such share of Common Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the issuance or sale of such Common Share Equivalents for such price per share. For the purposes of this Section 3(c)(ii2(a)(ii), the “lowest price per share for which one share of Common Share is issuable upon the conversion, exercise or exchange thereof or otherwise pursuant to the terms thereof” shall be equal to (1) the lower of (x) the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to one share of Common Share upon the issuance or sale of the Common Share Equivalent and upon conversion, exercise or exchange of such Common Share Equivalent or otherwise pursuant to the terms thereof and (y) the lowest conversion price set forth in such Common Share Equivalent for which one Common Share is issuable upon conversion, exercise or exchange thereof or otherwise pursuant to the terms thereof minus (2) the sum of all amounts less any consideration paid or payable by the Company with respect to the holder such one share of such Common Share Equivalent (or any other Person) upon the issuance or sale of such Common Share Equivalent plus the value of any other consideration received and upon conversion, exercise or receivable by, or benefit conferred on, the holder exchange of such Common Share Equivalent (or any other Person)Equivalent. Except as contemplated below, no No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Common Share Equivalents or otherwise pursuant to the terms thereofEquivalents, and if any such issuance issue or sale of such Common Share Equivalents is made upon exercise of any Options for which adjustment of the this Warrant has been or is to be made pursuant to other provisions of this Section 3(c3(b), except as contemplated below, no further adjustment of the Exercise Price or number of Warrant Shares shall be made by reason of such issuance issue or sale.