Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible Securities, and the price per share for which Common Stock is issuable upon conversion or exchange or such Convertible Securities is less than the Market Price in effect immediately prior to the time of such issuance or sale, then the maximum number of shares of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchange" shall be determined by dividing (i) the total amount received by the Company as consideration for the issuance or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (ii) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities.
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Samples: Common Stock Purchase Warrant (U S Wireless Data Inc), Common Stock Purchase Warrant (U S Wireless Data Inc), Warrant Agreement (U S Wireless Data Inc)
Issuance of Convertible Securities. If the Company in any manner grants, issues or sells (or otherwise becomes subject to) any Convertible Securities, Securities and the price per share for which Common Stock is issuable upon such conversion or exchange or such Convertible Securities is less than the Fair Market Price in effect immediately prior to Value of the time Common Stock determined as of such issuance or saletime, then the maximum number of shares of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchange" shall be is determined by dividing (iA) the total amount received or receivable by the Company as consideration for the issuance or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (iiB) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities.
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Issuance of Convertible Securities. If the Company in any manner issues or sells grants any Convertible Securities, and the Securities having an exercise or conversion or exchange price per share for which of Common Stock is issuable upon conversion or exchange or such Convertible Securities which is less than either the Fair Market Value per share of Common Stock determined as of the date of such issuance or sale or the Warrant Purchase Price in effect immediately prior to the time of such issuance or sale, then the maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company for such lower price per share. For purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchange" shall be exchange of Convertible Securities is determined by dividing (iA) the total amount received by the Company as consideration for the issuance or sale of such Convertible Securities, plus PLUS the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (iiB) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities.
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Samples: Warrant Agreement (Levine Leichtman Capital Partners Ii Lp)
Issuance of Convertible Securities. If the Company in any manner issues or sells any Convertible Securities, and the price per share for which Common Stock is issuable upon conversion or exchange or of such Convertible Securities is less than the Market Exercise Price in effect immediately prior to the time of such issuance or sale, then the maximum number of shares of Common Stock issuable upon conversion or exchange of all such Convertible Securities shall be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For purposes of this paragraph, the "price per share for which Common Stock is issuable upon such conversion or exchange" shall be determined by dividing (i) the total amount received by the Company as consideration for the issuance or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (ii) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities.
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