Issuance of Common Stock Equivalents. The provisions of this Section 3.5(a)(vii) shall apply if (a) the Maker, at any time after the Issuance Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Notes, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Conversion Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Conversion Price in effect at the time of such amendment or adjustment, then the applicable Conversion Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (vi) of this Section 3.5(a).
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Samples: Senior Convertible Promissory Note (Urigen Pharmaceuticals, Inc.), Senior Convertible Promissory Note (Urigen Pharmaceuticals, Inc.), Senior Secured Convertible Promissory Note (Cordex Pharma, Inc.)
Issuance of Common Stock Equivalents. The provisions of this Section 3.5(a)(vii) shall apply if (a) If the MakerCompany, at any time after following the Issuance Dateinitial issuance date of the Series A, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“"Convertible Securities”"), other than the Notes, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “"Common Stock Equivalents”") shall be issued or sold, other than an Exempt Issuance. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Conversion Price then in effect$2.15, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended or adjusted shall be less than the applicable Conversion Price in effect at the time of such amendment or adjustment$2.15, then the applicable Conversion Price upon each such issuance or amendment shall be adjusted as provided to the price equal the consideration per share paid for such Common Stock Equivalents and the Conversion Rate then in effect immediately prior to such adjustment shall be adjusted based on the first sentence of subsection (vi) of this Section 3.5(a)Conversion Price so adjusted in accordance with the foregoing.
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Samples: Series a Convertible Preferred Stock Purchase Agreement (Victory Divide Mining CO)
Issuance of Common Stock Equivalents. The provisions of this Section 3.5(a)(vii) shall apply if (a) If the MakerCompany, at any time after following the Issuance Dateinitial issuance date of the Series B, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“"Convertible Securities”"), other than the Notes, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “"Common Stock Equivalents”") shall be issued or sold, other than an Exempt Issuance. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Conversion Price then in effect$2.37, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended or adjusted shall be less than the applicable Conversion Price in effect at the time of such amendment or adjustment$2.37, then the applicable Conversion Price upon each such issuance or amendment shall be adjusted as provided to the price equal the consideration per share paid for such Common Stock Equivalents and the Conversion Rate then in effect immediately prior to such adjustment shall be adjusted based on the first sentence of subsection (vi) of this Section 3.5(a)Conversion Price so adjusted in accordance with the foregoing.
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Samples: Series a Convertible Preferred Stock Purchase Agreement (Victory Divide Mining CO)
Issuance of Common Stock Equivalents. The provisions of this Section 3.5(a)(vii) shall apply if (a) the Maker, at any time after the Issuance Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Notes, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Conversion Set Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Conversion Set Price in effect at the time of such amendment or adjustment, then the applicable Conversion Set Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (vi) of this Section 3.5(a).
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Samples: Zero Coupon Senior Secured Note (Valcent Products Inc.)
Issuance of Common Stock Equivalents. The provisions of this Section 3.5(a)(vii) shall apply if (a) If the MakerIssuer, at any time after the Issuance Datewhile this Warrant is outstanding, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Notes, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) shall be issued or sold. If Equivalent and the price per share for which Additional Shares of Common Stock may be issuable thereafter pursuant to any such Common Stock Equivalent shall be less than the applicable Conversion Warrant Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Conversion Warrant Price in effect at the time of such amendment or adjustmentamendment, then the applicable Conversion Warrant Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (vid) of this Section 3.5(a).this
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Issuance of Common Stock Equivalents. The provisions of this Section 3.5(a)(vii) 3.5.1.7 shall apply if (a) the Maker, at any time after the Issuance Date, shall issue any securities (other than Permitted Issuances) convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Notesthis Note, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Conversion Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended or adjusted shall be less than the applicable Conversion Price in effect at the time of such amendment or adjustment, then the applicable Conversion Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (vi) of this Section 3.5(a)3.5.1.6.1.
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Samples: Senior Secured Convertible Promissory Note (VistaGen Therapeutics, Inc.)
Issuance of Common Stock Equivalents. The provisions of this Section 3.5(a)(vii) shall apply if (a) the MakerHoldings, at any time after the Issuance Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Notes, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Conversion Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Conversion Price in effect at the time of such amendment or adjustment, then the applicable Conversion Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (vi) of this Section 3.5(a)ofSection 4B(e)vi.
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