Common use of Issuance of Common Stock Equivalents Clause in Contracts

Issuance of Common Stock Equivalents. If, at any time while this Warrant is outstanding, the Company shall issue or sell any warrants or rights to subscribe for or purchase any Additional Shares of Common Stock or any securities exchangeable or convertible into Additional Shares of Common Stock (regardless of the number of shares of Common Stock that the Company is then authorized to issue) (collectively, “Common Stock Equivalents”), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Current Warrant Price in effect immediately prior to the time of such issue or sale, then the Current Warrant Price shall be adjusted as provided in Section 4.2 on the basis that the Additional Shares of Common Stock issuable pursuant to such Common Stock Equivalents shall be deemed to have been issued and the Company shall be deemed to have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the Current Warrant Price shall be made under this Section 4.3 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Issuance of Common Stock Equivalents. If, at any time while this Warrant is outstanding, If the Company shall issue or sell sell, on or after the first date that is more than six months after the Closing Date, any warrants or other rights to subscribe for or purchase any Additional Shares of Common Stock or any securities exchangeable or convertible into Additional Shares of Common Stock (regardless of the number of shares of Common Stock that the Company is then authorized to issue) (collectively, “Common Stock Equivalents”), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Current Warrant Price in effect immediately prior to the time of such issue or sale, then then, if this Warrant is outstanding, the number of shares of Warrant Stock acquirable upon the exercise of this Warrant and the Current Warrant Price shall be adjusted as provided in Section 4.2 4.3 on the basis that the Additional Shares maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall be deemed to have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the Current Warrant Price shall be made under this Section 4.3 4.4 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Issuance of Common Stock Equivalents. If, at any time while this Warrant is outstanding, the Company shall issue or sell any warrants or rights to subscribe for or purchase any Additional Shares of Common Stock or any securities exchangeable or convertible into Additional Shares of Common Stock (regardless of the number of shares of Common Stock that the Company Corporation is then authorized to issue) (collectively, “Common Stock Equivalents”"COMMON STOCK EQUIVALENTS"), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Current Warrant Price in effect immediately prior to the time of such issue or sale, then the Current Warrant Price and number of shares of Warrant Stock shall be adjusted as provided in Section 4.2 on the basis that the Additional Shares of Common Stock issuable pursuant to such Common Stock Equivalents shall be deemed to have been issued and the Company shall be deemed to have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents4.3. No further adjustments to the Current Warrant Price and number of shares of Warrant Stock shall be made under this Section 4.3 4.4 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Issuance of Common Stock Equivalents. If, at any time while this Warrant is outstanding, If the Company shall issue in any manner issues or sell sells any warrants or rights to subscribe for or purchase any Additional Shares of Common Stock or any securities exchangeable or convertible into Additional Shares of Common Stock (regardless of the number of shares of Common Stock that the Company is then authorized to issue) (collectively, “Common Stock Equivalents”), whether or not the rights to exchange or convert thereunder are immediately exercisable, Equivalents and the effective lowest price per share for which one share of Common Stock is issuable upon the exerciseconversion, exercise or exchange thereof is less than the Applicable Price, then such share of Common Stock shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the issuance or conversion sale of such Common Stock Equivalents shall be less than for such price per share. For the Current Warrant Price in effect immediately prior to purposes of this Section 3(e)(ii), the time of such issue or sale, then the Current Warrant Price shall be adjusted as provided in Section 4.2 on the basis that the Additional Shares “lowest price per share for which one share of Common Stock is issuable pursuant upon the conversion, exercise or exchange thereof” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to one share of Common Stock upon the issuance or sale of the Common Stock Equivalent and upon conversion, exercise or exchange of such Common Stock Equivalents Equivalent less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the issuance or sale of such Common Stock Equivalent and upon conversion, exercise or exchange of such Common Stock Equivalent. No further adjustment of the Exercise Price or number of Warrant Shares shall be deemed to have been issued and the Company shall be deemed to have received all of the consideration payable therefor, if any, as of the date of made upon the actual issuance of such Common Stock Equivalents. No further adjustments to the Current Warrant Price shall be made under this Section 4.3 upon the actual issue shares of such Common Stock upon the exerciseconversion, conversion exercise or exchange of such Common Stock Equivalents.

Issuance of Common Stock Equivalents. If, If at any time while this Warrant is outstandingoutstanding prior to the date that is twelve months after the Effective Date, the Company shall issue or sell any warrants or other rights to subscribe for or purchase any Additional Shares additional shares of Common Stock or any securities exchangeable or convertible into Additional Shares shares of Common Stock (regardless of the number of shares of Common Stock that the Company is then authorized to issue) (collectively, “"Common Stock Equivalents”"), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Current Warrant Price with respect to a class of Warrant in effect immediately prior to the time of such issue or sale, then the number of shares of Warrant Stock acquirable upon the exercise of such class of Warrant and the applicable Current Warrant Price shall be adjusted as provided in Section 4.2 4.3 on the basis that the Additional Shares maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall be deemed to have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the applicable Current Warrant Price shall be made under this Section 4.3 4.4 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Issuance of Common Stock Equivalents. If, at any time while this Warrant is outstanding, If the Company shall issue or sell sell, on or after the Closing Date, any warrants or rights to subscribe for or purchase any Additional Shares of Common Stock or any securities exchangeable or convertible into Additional Shares of Common Stock (regardless of the number of shares of Common Stock that the Company is then authorized to issue) (collectively, “Common Stock Equivalents”), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Current Warrant Common Price in effect immediately prior to the time of such issue or sale, then then, if this Warrant is outstanding, the number of shares of Warrant Stock acquirable upon the exercise of this Warrant and the Current Warrant Common Price shall be adjusted as provided in Section 4.2 5.3 on the basis that the Additional Shares maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall be deemed to have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the Current Common Price or the number of shares of Common Stock acquirable upon exercise of this Warrant Price shall be made under this Section 4.3 5.4 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.