Common use of Issuance of Convertible Securities or Other Rights Clause in Contracts

Issuance of Convertible Securities or Other Rights. (a) If at any time Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which Company is the surviving corporation) issue or sell, any Convertible Securities or other rights to subscribe for or purchase any Additional Shares of Common Stock or any Convertible Securities, other than Permitted Issuances or as referred to in Section 4.1 or 4.2, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share together with any consideration received by Company upon issuance of the Convertible Security, for which Common Stock is issuable upon the exercise of such Convertible Securities shall be less than the Current Market Price in effect immediately prior to the time of such record, issuance or sale, then the number of shares of Warrant Stock and the Exercise Price shall be adjusted as provided in Section 4.4 on the basis that the maximum number of Additional Shares of Common Stock issuable pursuant to all such Convertible Securities shall be deemed to have been issued and outstanding and Company shall be deemed to have received all of the consideration payable therefor, if any, as of the date of the issuance of such Convertible Securities or other rights.

Issuance of Convertible Securities or Other Rights. (a) If at any time Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which Company is the surviving corporation) issue or sell, any Convertible Securities or other rights to subscribe for or purchase any Additional Shares of Common Stock or any Convertible Securities, other than Permitted Issuances or as referred to in Section 4.1 or 4.2Issuances, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share together with any consideration received by Company upon issuance of the Convertible Security, for which Common Stock is issuable upon the exercise of such Convertible Securities shall be less than the Current Market Exercise Price in effect immediately prior to the time of such record, issuance or sale, then the number of shares of Warrant Stock and the Exercise Price shall be adjusted as provided in Section 4.4 4.3 on the basis that the maximum number of Additional Shares of Common Stock issuable pursuant to all such Convertible Securities shall be deemed to have been issued and outstanding and Company shall be deemed to have received all of the consideration payable therefor, if any, as of the date of the issuance of such Convertible Securities or other rights.