Common use of Issuance of Convertible Securities Clause in Contracts

Issuance of Convertible Securities. If the Company in any manner issues or sells any convertible securities and the lowest price per share for which one share of Common Stock is issuable upon the conversion 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 sale of such convertible securities for such price per share. For the purposes of this Section 8(b)(ii), the lowest price per share for which one share of Common Stock is issuable upon such conversion or exchange 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 convertible security and upon conversion or exchange of such convertible security. No further adjustment of the Warrant Exercise Price shall be made upon the actual issuance of such Common Stock upon conversion or exchange of such convertible securities, and if any such issue or sale of such convertible securities is made upon exercise of any Options for which adjustment of the Warrant Exercise Price had been or are to be made pursuant to other provisions of this Section 8(b), no further adjustment of the Warrant Exercise Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any manner issues or sells any convertible securities and the lowest price per share for which one share of Common Stock is issuable upon the conversion 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 sale of such convertible securities for such price per share. For the purposes of this Section 8(b)(ii5.01(b)(ii), the lowest price per share for which one share of Common Stock is issuable upon such conversion or exchange 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 convertible security and upon conversion or exchange of such convertible security. No further adjustment of the Warrant Exercise Price shall be made upon the actual issuance of such Common Stock upon conversion or exchange of such convertible securities, and if any such issue or sale of such convertible securities is made upon exercise of any Options for which adjustment of the Warrant Exercise Price had been or are to be made pursuant to other provisions of this Section 8(b5.01(b), no further adjustment of the Warrant Exercise Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in any manner issues or sells any convertible securities and the lowest price per share for which one share of Common Stock is issuable upon the conversion conversion, 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 sale of such convertible securities for such price per share. For the purposes of this Section 8(b)(ii)3.1.2, the “lowest price per share for which one share of Common Stock is issuable upon such conversion the conversion, exercise or exchange thereof” shall be equal to the sum of the lowest amounts of consideration (consideration, if any) , received or receivable by the Company with respect to one share of Common Stock upon the issuance or sale of the convertible security and upon conversion conversion, exercise or exchange of such convertible security. No further adjustment of the Warrant Exercise Price shall be made upon the actual issuance of such shares of Common Stock upon conversion conversion, exercise or exchange of such convertible securities, and if any such issue or sale of such convertible securities is made upon exercise of any Options options for which adjustment of the this Warrant Exercise Price had has been or are is to be made pursuant to other provisions of this Section 8(b), 3.1 no further adjustment of the Warrant Exercise Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If at any time after the Issuance Date the Company in any manner issues or sells any convertible securities Convertible Securities (other than the Underlying Shares or shares of Common Stock deemed to have been issued by the Company in connection with an Approved Stock Plan (as defined below) or shares of Common Stock issuable upon the exercise of any options or warrants outstanding on the date hereof and listed in Schedule 2.1(c) of the Purchase Agreement or shares of Common Stock issued or deemed to have been issued as consideration for an acquisition by the Company of a division, assets or business (or stock constituting any portion thereof) from another Person) and the lowest price per share for which one Common Stock is issuable upon such conversion or exchange is less than the Conversion Price in effect immediately prior to issuance or sale, then the Conversion Price shall be adjusted to equal the price per share of for which Common Stock is issuable upon the conversion 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 sale of such convertible securities for such price per share. For the purposes of this Section 8(b)(ii), the lowest price per share for which one share of Common Stock is issuable upon such conversion or exchange 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 convertible security and upon conversion or exchange of such convertible securityConvertible Securities. No further adjustment of the Warrant Exercise Conversion Price shall be made upon the actual issuance issue of such Common Stock upon conversion or exchange of such convertible securitiesConvertible Securities, and if any such issue or sale of such convertible securities Convertible Securities is made upon exercise of any Options for which adjustment of the Warrant Exercise Conversion Price had been or are to be made pursuant to other provisions of this Section 8(b6(h)(i), no further adjustment of the Warrant Exercise Conversion Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company in shall, at any manner issues time or sells from time to time after the Adjustment Date, grant or sell any convertible securities, whether or not the right to convert or exchange any such convertible securities is immediately exercisable, and the lowest price per share (determined as provided in this paragraph and in Section 1(d)(iii)) for which one share of Common Stock is issuable upon the conversion or exchange thereof of such convertible securities is less than the Applicable PriceExercise Price in effect immediately prior to the time of the granting or sale of such convertible securities, then such share the total maximum number of shares of Common Stock issuable upon conversion or exchange of the total maximum amount of such convertible securities shall be deemed to be outstanding and to have been issued and sold by the Company at the time as of the issuance date of granting or sale of such convertible securities for such price per share. For the purposes of this Section 8(b)(ii), the lowest at a price per share for which one share of Common Stock is issuable upon such conversion or exchange shall be equal to the sum of quotient obtained by dividing (A) the lowest amounts of consideration (total amount, if any) , received or receivable by the Company with respect to one share as consideration for the granting, sale, or exercise of such convertible securities (which sum shall constitute the applicable consideration received for purposes of Section 1(a)), by (B) the total maximum number of shares of Common Stock issuable upon the issuance or sale of the convertible security and upon conversion or exchange of all such convertible securitysecurities. No further adjustment of the Warrant Exercise Price shall be made upon the actual issuance of such Common Stock upon conversion or exchange of such convertible securities, and if any such securities or by reason of the issue or sale of such convertible securities is made upon exercise of any Options options to purchase any such convertible securities for which adjustment adjustments of the Warrant Exercise Price had have been or are to be made pursuant to the other provisions of this Section 8(b1(d), no further adjustment of the Warrant Exercise Price shall be made by reason of such issue or sale.

Issuance of Convertible Securities. If the Company Evergreen in any manner issues or sells any convertible securities Convertible Securities and the lowest price per share for which one share of Common Stock is issuable upon the conversion conversion, 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 Evergreen at the time of the issuance or sale of such convertible securities Convertible Securities for such price per share. For the purposes of this Section 8(b)(ii3.6(a)(ii)(2), the “lowest price per share for which one share of Common Stock is issuable upon such conversion 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 Evergreen with respect to one share of Common Stock upon the issuance or sale of the convertible security Convertible Security and upon conversion conversion, exercise or exchange of such convertible securityConvertible Security. No further adjustment of the Warrant Exercise Set Price or number of Conversion Shares shall be made upon the actual issuance of such shares of Common Stock upon conversion conversion, exercise or exchange of such convertible securitiesConvertible Securities, and if any such issue or sale of such convertible securities Convertible Securities is made upon exercise of any Options for which adjustment of the Warrant Exercise Price had this Note has been or are is to be made pursuant to other provisions of this Section 8(b)3.6, no further adjustment of the Warrant Exercise Set Price or number of Conversion Shares shall be made by reason of such issue or sale.