Common use of Issuance of Convertible Securities Clause in Contracts

Issuance of Convertible Securities. If the Company in any manner issues or grants any Convertible Securities having an exercise or conversion or exchange price per share of Common Stock which is less than the Fair Market Value per share of Common Stock determined as of the date of issuance or sale, then the maximum number of shares of Common Stock issuable upon the conversion or exchange of 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 conversion or exchange of Convertible Securities is determined by dividing (A) 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 (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities.

Appears in 7 contracts

Samples: Warrant Agreement (Levine Leichtman Capital Partners Ii Lp), Warrant Agreement (Levine Leichtman Capital Partners Ii Lp), Warrant Agreement (Levine Leichtman Capital Partners Ii Lp)

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Issuance of Convertible Securities. If the Company in any manner issues or grants any Convertible Securities having an exercise or conversion or exchange price per share of Common Stock which is less than the Fair Market Value per share of Common Stock determined as of the date of issuance or sale, then the maximum number of shares of Common Stock issuable upon the conversion or exchange of 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 conversion or exchange of Convertible Securities is determined by dividing (A) 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 (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities.

Appears in 4 contracts

Samples: Warrant Agreement (Interdent Inc), Warrant Agreement (Interdent Inc), Warrant Agreement (Quiznos Corp)

Issuance of Convertible Securities. If the Company in any manner issues or grants any Convertible Securities having an exercise or conversion or exchange price per share of Common Stock which is less than than, the Fair Market Value per share of Common Stock determined as of the date of issuance or sale, then the maximum number of shares of Common Stock issuable upon the conversion or exchange of 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 conversion or exchange of Convertible Securities is determined by dividing (A) 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 (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities.

Appears in 1 contract

Samples: Warrant Agreement (Catalina Lighting Inc)

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Issuance of Convertible Securities. If the Company in any manner issues or grants any Convertible Securities having an exercise or conversion or exchange price per share of Common Stock which is less than the Fair Market Value per share of Common Stock determined as of the date of such issuance or sale, then the maximum number of shares of Common Stock issuable upon the conversion or exchange of 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 conversion or exchange of Convertible Securities is determined by dividing (A) 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 (B) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities.

Appears in 1 contract

Samples: Warrant Agreement (Levine Leichtman Capital Partners Ii Lp)

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