Common use of Issuance of Options Clause in Contracts

Issuance of Options. If the Company in any manner grants or sells any Options (as defined below) and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities (as defined below) issuable upon exercise of such Option 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 granting or sale of such Option for such price per share. For purposes of this Section 5(f)(i), the “lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities issuable upon exercise of such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock upon granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise of any Convertible Security issuable upon exercise of such Option. No adjustment shall be made hereunder if such adjustment would result in an increase of the Exercise Price then in effect.

Appears in 3 contracts

Samples: Certain Registration Rights Agreement (Tengion Inc), Certain Registration Rights Agreement (Tengion Inc), Securities Purchase Agreement (Tengion Inc)

AutoNDA by SimpleDocs

Issuance of Options. If the Company in any manner grants or sells any Options (as defined below) and the lowest price per share for which one share of Common Stock Share is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities (as defined below) issuable upon exercise of any such Option is less than the Applicable Pricing Period Price, then such share of Common Stock Share shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting or sale of such Option for such price per share. For purposes of this Section 5(f)(i)Section, the “lowest price per share for which one share of Common Stock Share is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities Security issuable upon exercise of any such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock Share upon the granting or sale of the such Option, upon exercise of the such Option and upon conversion, exchange or exercise of any Convertible Security issuable upon exercise of such Option. No adjustment shall be made hereunder if such adjustment would result in an increase of the Exercise Price then in effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gastar Exploration LTD)

Issuance of Options. If the Company in any manner grants or sells any Options (as defined below) and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option or upon conversion, Exercise or exchange or exercise of any Convertible Securities (as defined below) issuable upon exercise of such Option 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 granting or sale of such Option for such price per share. For purposes of this Section 5(f)(i), the "lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option or upon conversion, Exercise or exchange or exercise of any Convertible Securities issuable upon exercise of such Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock upon granting or sale of the Option, upon exercise of the Option and upon conversion, Exercise or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No adjustment shall be made hereunder if such adjustment would result in an increase of the Exercise Price then in effect.

Appears in 1 contract

Samples: Alternative Construction Company, Inc.

Issuance of Options. If the Company in any manner grants or sells any Options (as defined below) and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option or upon conversion, Exercise or exchange or exercise of any Convertible Securities (as defined below) issuable upon exercise of such Option 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 granting or sale of such Option for such price per share. For purposes of this Section 5(f)(i), the “lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option or upon conversion, Exercise or exchange or exercise of any Convertible Securities issuable upon exercise of such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock upon granting or sale of the Option, upon exercise of the Option and upon conversion, Exercise or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No adjustment shall be made hereunder if such adjustment would result in an increase of the Exercise Price then in effect.

Appears in 1 contract

Samples: Avicena Group, Inc.

Issuance of Options. If after the date hereof, the Company in any manner grants or sells any Options (as defined belowother than Excluded Issuances) and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option or upon conversion, conversion or exchange or exercise of any Convertible Securities (as defined below) convertible securities issuable upon exercise of any such Option 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 granting or sale of such Option for such price per share. For purposes of this Section 5(f)(i8(b)(i), the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option or upon conversion, exchange or exercise of any Convertible Securities issuable upon exercise of such Option” Options or upon conversion or exchange of such Convertible Securities shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock upon the granting or sale of the Option, upon exercise of the Option and or upon conversion, conversion or exchange or exercise of any Convertible Security convertible security issuable upon exercise of such Option. No further adjustment of the Warrant Exercise Price shall be made hereunder if upon the actual issuance of such adjustment would result in an increase Common Stock or of such convertible securities upon the Exercise Price then in effectexercise of such Options or upon the actual issuance of such Common Stock upon conversion or exchange of such convertible securities.

Appears in 1 contract

Samples: Securities Purchase Agreement (Galea Life Sciences Inc)

AutoNDA by SimpleDocs

Issuance of Options. If the Company in any manner grants or sells any Options (as defined belowother than any Excluded Securities) and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option or upon conversion, conversion or exchange or exercise of any Convertible Securities (as defined below) issuable upon exercise of such Option is less than the Applicable Exercise 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 granting or sale of such Option for such price per share. For purposes of this Section 5(f)(i)3.2.1, the “lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option or upon conversion, conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock upon granting or sale of the Option, upon exercise of the Option and upon conversion, conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option. No adjustment shall be made hereunder if such adjustment would result in an increase of the Exercise Price then in effect.

Appears in 1 contract

Samples: Brainstorm Cell Therapeutics Inc

Issuance of Options. If the Company in any manner issues or grants or sells any Options (as defined below) or Convertible Securities and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option Options or upon conversion, conversion or exchange or exercise of any such Convertible Securities (as defined below) issuable upon exercise of such Option is less than than, the Applicable Price, then such Fair Market Value per share of Common Stock determined as of the date of such issuance or grant of such Options, then the total maximum number of shares of Common Stock issuable upon the exercise of such Options (or upon conversion or exchange of the total maximum amount of such Convertible Securities issuable upon the exercise of such Options) shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the granting or sale of such Option for such lower price per share. For purposes of this Section 5(f)(i)paragraph, the “lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option Options or upon conversion, conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Option” Options shall be equal to determined by dividing (A) the sum of the lowest amounts of consideration (total amount, if any) , received or receivable by the Company with respect to any one share of Common Stock upon as consideration for the issuing or granting or sale of the Option, upon exercise of the Option and upon conversion, exchange or exercise of any Convertible Security issuable upon exercise of such Option. No adjustment shall be made hereunder if such adjustment would result in an increase of Options, plus the Exercise Price then in effect.minimum aggregate amount of

Appears in 1 contract

Samples: Catalina Lighting Inc

Issuance of Options. If the Company in any manner grants or sells any Options (as defined below) and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option or upon conversion, conversion or exchange or exercise of any Convertible Securities (as defined below) issuable upon exercise of any such Option is less than the Applicable PricePurchase Price (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction occurring after the date hereof), 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 granting or sale of such Option for such price per share. For purposes of this Section 5(f)(i4(o), the "lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Option Options or upon conversion, conversion or exchange or exercise of any Convertible Securities issuable upon exercise of such Option" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock upon granting or sale of the Option, upon exercise of the Option and upon conversion, conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Option less any consideration paid or payable by the Company with respect to such one share of Common Stock upon the granting or sale of such Option. No adjustment shall be made hereunder if , upon exercise of such adjustment would result in an increase Option and upon conversion exercise or exchange of the Exercise Price then in effectany Convertible Security issuable upon exercise of such Option.

Appears in 1 contract

Samples: Securities Purchase Agreement (LabStyle Innovations Corp.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!