Common use of Issuance of Common Stock Equivalents Clause in Contracts

Issuance of Common Stock Equivalents. The provisions of this Section 5(g) shall apply if (a) the Company, at any time after the Issuance Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), or (b) any rights, 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 Convertible Securities or Common Stock Equivalents shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (f) of this Section 6. No adjustment shall be made to the Exercise Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities or Common Stock Equivalents where an adjustment to the Exercise Price was previously made as a result of the issuance or purchase of any Convertible Securities or Common Stock Equivalents.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g) shall apply if (a) the Company, If at any time after during the Issuance DateAnti-Dilution Period, the Company or any subsidiary thereof, as applicable, shall sell or grant any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exchangeable for, directly or indirectly, exercisable for shares of Common Stock (“Convertible Securities”), or (b) any rights, warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) shall be issued or sold. If the at a price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Convertible Securities or Common Stock Equivalents shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (f) of this Section 63(e). No adjustment shall be made to the Exercise Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Conversion Price was previously made as a result of the issuance or purchase of any such Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g3.6(a)(vii) shall apply if (a) the CompanyMaker, 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, 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 Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Conversion Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in the first sentence of subsection (fvi) of this Section 63.6(a). No adjustment shall be made to the Exercise Conversion Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Conversion Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g9(c) shall apply if (aA) the Company, at any time after the Issuance Dateissuance date of this Warrant, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Convertible Notes, or (bB) any rights, 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 Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in the first sentence of subsection (fc)(i) of this Section 69. No adjustment shall be made to the Exercise Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g3.6(a)(vii) shall apply if (a) the CompanyMaker, 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, 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 Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Conversion Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in the first sentence of subsection (fvi) of this Section 63.6(a). No adjustment shall be made to the Exercise Conversion Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Conversion Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g9(c) shall apply if (aA) the Company, at any time after the Issuance Dateissuance date of this Warrant, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), or (bB) any rights, 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 Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in the first sentence of subsection (fc)(i) of this Section 69. No adjustment shall be made to the Exercise Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g3(f) shall apply if the Issuer during the Anti-Dilution Period, shall (a) the Company, 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 Series A Preferred Stock, or (b) issue or sell any rights, 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 Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Warrant Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Warrant Price in effect at the time of such amendment or adjustment, then the applicable Exercise Warrant Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (f) of this Section 63(e). No adjustment shall be made to the Exercise Warrant Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Conversion Price was previously made as a result of the issuance or purchase of any such Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g5(c) shall apply if (a) the Company, 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, 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 Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in the first sentence of subsection (fA) of this Section 65(b). No adjustment shall be made to the Exercise Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g) shall apply if (a) the Company, If at any time after during the Issuance DateAnti-Dilution Period, the Company or any subsidiary thereof, as applicable, shall sell or grant any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exchangeable for, directly or indirectly, exercisable for shares of Common Stock (“Convertible Securities”), or (b) any rights, warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) shall be issued or sold. If the at a price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Convertible Securities or Common Stock Equivalents shall be less than the applicable Exercise Warrant Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Warrant Price in effect at the time of such amendment or adjustment, then the applicable Exercise Warrant Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (f) of this Section 65(e). No adjustment shall be made to the Exercise Warrant Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Conversion Price was previously made as a result of the issuance or purchase of any such Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(gsubsection (f) shall apply if the Company during the Anti-Dilution Period, shall (a) the Company, 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 Series A Preferred Stock, or (b) issue or sell any rights, 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 Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Conversion Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (fe) of this Section 63. No adjustment shall be made to the Exercise Conversion Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Conversion Price was previously made as a result of the issuance or purchase of any such Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g3(f) shall apply if (a) the Company, at any time after the Issuance Initial Exercise Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than Excluded Stock, or (b) any rights, rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) ), other than Excluded Stock, shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Price then in effect$0.35 per share, or if, after any such issuance of Convertible Securities or 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 Exercise Price in effect $0.35 per share at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (f) of this Section 63(e). No adjustment shall be made to the Exercise Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g3(iii) shall apply if (a) the Company, at any time after the Issuance Dateissuance date of this Note, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Note, or (b) any rights, 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 Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Conversion Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in the first sentence of subsection (fiii)(A) of this Section 63. No adjustment shall be made to the Exercise Conversion Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Conversion Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g) shall apply if If (a) the Company, at any time after the Issuance Closing Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), or (b) any rights, 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 sold and if the sum of the price for which such Common Stock Equivalents are sold (on a per Common Share Basis) plus the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Convertible Securities or Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and the sum of such issuance price plus such price as so amended shall be less than the applicable Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price Price, upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof amendment, shall be adjusted as provided in subsection (f) of this Section 63(f). No adjustment shall be made to the Exercise Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g3(f) shall apply if the Issuer during the Anti-Dilution Period, shall (a) the Company, at any time after the Issuance Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), or (b) issue or sell any rights, 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 Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Warrant Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Warrant Price in effect at the time of such amendment or adjustment, then the applicable Exercise Warrant Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (f) of this Section 63(e). No adjustment shall be made to the Exercise Warrant Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Conversion Price was previously made as a result of the issuance or purchase of any such Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g1.5(f) shall apply if (a) the CompanyBorrower, at any time after the Issuance Datedate hereof during the period in which this Note is outstanding, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than Excluded Stock, or (b) any rights, rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) ), other than Excluded Stock, shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Price then in effectConversion Price, or if, after any such issuance of Convertible Securities or 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 Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (f) of this Section 61.5(e). No adjustment shall be made to the Exercise Conversion Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Conversion Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g5(c) shall apply if (a) the Company, 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, 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 Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in the first sentence of subsection (fA) of this Section 65(b). No adjustment shall be made to the Exercise Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g3(f) shall apply if (a) the Company, at any time after the Issuance Initial Exercise Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“"Convertible Securities”"), other than Excluded Stock, or (b) any rights, rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “"Common Stock Equivalents”) "), other than Excluded Stock, shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (f) of this Section 63(e). No adjustment shall be made to the Exercise Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g) If the Issuer shall apply if (a) the Company, at any time after following the Issuance Date, shall Original Issue Date issue or sell any securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), or (b) any rights, warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) shall be issued , whether or sold. If not the rights to exchange or convert thereunder are immediately exercisable, and the aggregate price per share for which Additional Shares Common Stock is issuable upon such conversion or exchange plus the consideration received by the Issuer for issuance of such Common Stock Equivalent divided by the number of shares of Common Stock may be issuable pursuant to any such Convertible Securities or Common Stock Equivalents Equivalent (the “Aggregate Per Common Share Price”) shall be less than the applicable Exercise Warrant Price then in effect, or if, after any such issuance of Convertible Securities or 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 make the Aggregate Per Common Share Price be less than the applicable Exercise Warrant Price in effect at the time of such amendment or adjustment, then the applicable Exercise Warrant Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (f) of this Section 64(d). No further adjustment of the Warrant Price then in effect shall be made to the Exercise Price under this Section 4(e) upon the issuance of any Common Stock Equivalents which are issued pursuant to the exerciseexercise of any warrants or other subscription or purchase rights therefor, if any such adjustment shall previously have been made upon the issuance of such warrants or other rights pursuant to this Section 4(e). No further adjustments of the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of any Convertible Securities or Common Stock Equivalents where an adjustment to the Exercise Price was previously made as a result of the issuance or purchase of any Convertible Securities or such Common Stock Equivalents.

Issuance of Common Stock Equivalents. The provisions of this Section 5(g3.6(a)(vii) shall apply if (a) the CompanyMaker, at any time after following 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, 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 Convertible Securities or Common Stock Equivalents Equivalent shall be less than the applicable Exercise Conversion Price then in effect, or if, after any such issuance of Convertible Securities or 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 Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in the first sentence of subsection (fvi) of this Section 63.6(a). No adjustment shall be made to the Exercise Conversion Price upon the issuance of Common Stock pursuant to the exercise, conversion or exchange of any Convertible Securities Security or Common Stock Equivalents Equivalent where an adjustment to the Exercise Conversion Price was previously made as a result of the issuance or purchase of any Convertible Securities Security or Common Stock EquivalentsEquivalent.