Common use of Issuance of Common Stock Equivalents Clause in Contracts

Issuance of Common Stock Equivalents. If the Company in any manner grants any Common Stock Equivalent (as defined below) (other than Permitted Stock) and the lowest price per share for which any one share of Common Stock of the Company is issuable upon the exercise of any such Common Stock Equivalent is less than the Fair Market Value of the Common Stock at the time of the granting of such Common Stock Equivalent, then all of such shares of Common Stock will be deemed to have been issued and sold by the Company for such price per share (other than pursuant to antidilutive adjustments to the Options). For purposes of this paragraph, the "lowest price per share for which any one share is issuable" will be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share upon the exercise of the Common Stock Equivalent (whether by conversion, exchange or otherwise) or other similar indication of the price per share as of the time of granting (such as the floor value for stock appreciation rights). No further adjustment of the Subject Shares will be made upon the actual issue of such shares of Common Stock or upon the exercise of any right under the Common Stock Equivalents.

Issuance of Common Stock Equivalents. If the Company in any manner grants any Common Stock Equivalent (as defined below) (other than Permitted Stock) and the lowest price per share for which any one share of Common Stock of the Company is issuable upon the exercise of any such Common Stock Equivalent is less than the Fair Market Value of the Common Stock Exercise Price then in effect, at the time of the granting of such Common Stock Equivalent, then all of such shares of Common Stock will be deemed to have been issued and sold by the Company for such price per share (other than pursuant to antidilutive adjustments to the OptionsWarrants). For purposes of this paragraph, the "“lowest price per share for which any one share is issuable" ” will be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share upon the exercise of the Common Stock Equivalent (whether by conversion, exchange or otherwise) or other similar indication of the price per share as of the time of granting (such as the floor value for stock appreciation rights). No further adjustment of the Subject Shares Exercise Price will be made upon the actual issue of such shares of Common Stock or upon the exercise of any right under the Common Stock Equivalents.