Common use of Issuance of Options Clause in Contracts

Issuance of Options. If the Company in any manner grants or sells, or the Company publicly announces the issuance or sale of, any Options and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options 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 Options for such price per share. For purposes of this Section 2(a)(i), the "lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options" 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 Options, upon exercise of the Options and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Options 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 Options, upon exercise of such Options and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Options. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Warrant Agreement (Avalon GloboCare Corp.)

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Issuance of Options. If the Company in Company, at any manner time while this Warrant is outstanding, grants or sells, or the Company publicly announces the issuance or sale of, any Options and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options Option is less than the Applicable PriceExercise Price in effect immediately prior to such grant, 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 Options Option for such price per share. For purposes of this Section 2(a)(i2(c)(i), the "lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options" 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 the granting or sale of the OptionsOption, upon exercise of the Options Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Options 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 OptionsOption, upon exercise of such Options Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such OptionsOption. No further adjustment of the Exercise Price or number of Warrant Shares shall be made upon the actual issuance of such shares of Common Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Security Agreement (Novatel Wireless Inc)

Issuance of Options. If If, during the Restricted Period, the Company in any manner grants or sells, or the Company publicly announces the issuance or sale of, sells any Options and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options 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 Options Option for such price per share. For purposes of this Section 2(a)(i4(c)(i), the "lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options" Option” shall be equal to (A) 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 Optionssuch Option, upon exercise of the Options such Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Options less any consideration Option minus (B) the sum of all amounts paid or payable by to the Company with respect to holder of such one share of Common Stock Option (or any other Person) upon the granting or sale of such OptionsOption, upon exercise of such Options Option and upon conversion conversion, exercise or exchange of any Convertible Security issuable upon exercise of such OptionsOption plus the value of any other consideration received or receivable by, or benefit conferred on, the holder of such Option (or any other Person). No Except as contemplated below, no further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such shares of Common Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Securities Purchase Agreement (Net Element, Inc.)

Issuance of Options. If the Company Partnership in any manner grants or sells, or the Company publicly announces the issuance or sale of, sells any Options and the lowest price per share Common Unit for which one share of Common Stock Unit is issuable upon the exercise of any such Options Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Options Option is less than the Applicable Reduced Common Unit Price, then such share of Common Stock Unit shall be deemed to be outstanding and to have been issued and sold by the Company Partnership at the time of the granting or sale of such Options Option for such price per shareCommon Unit. For purposes of this Section 2(a)(i5.12(b)(iv)(G)(1), the "lowest price per share Common Unit for which one share of Common Stock Unit is issuable upon the exercise of any such Options or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Options" Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Partnership with respect to any one share of Common Stock Unit upon the granting or sale of the OptionsOption, upon exercise of the Options Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Options Option less any consideration paid or payable by the Company Partnership with respect to such one share of Common Stock Unit upon the granting or sale of such OptionsOption, upon exercise of such Options Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such OptionsOption. No further adjustment of the Exercise Series A Conversion Price shall be made upon the actual issuance of such shares of Common Stock Units or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock Units upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.

Appears in 1 contract

Samples: Limited Partnership Agreement (CSI Compressco LP)

Issuance of Options. If the Company Partnership in any manner grants or sells, or the Company publicly announces the issuance or sale of, sells any Options and the lowest price per share Common Unit for which one share of Common Stock Unit is issuable upon the exercise of any such Options Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Options Option is less than the Applicable Reduced Common Unit Price, then such share of Common Stock Unit shall be deemed to be outstanding and to have been issued and sold by the Company Partnership at the time of the granting or sale of such Options Option for such price per shareCommon Unit. For purposes of this Section 2(a)(i5.11(b)(iv)(F)(3), the "lowest price per share Common Unit for which one share of Common Stock Unit is issuable upon the exercise of any such Options or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Options" Option” shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Partnership with respect to any one share of Common Stock Unit upon the granting or sale of the OptionsOption, upon exercise of the Options Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Options Option less any consideration paid or payable by the Company Partnership with respect to such one share of Common Stock Unit upon the granting or sale of such OptionsOption, upon exercise of such Options Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such OptionsOption. No further adjustment of the Exercise Price Series A Conversion Rate shall be made upon the actual issuance of such shares of Common Stock Units or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock Units upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.

Appears in 1 contract

Samples: Limited Partnership Agreement (Stonemor Partners Lp)

Issuance of Options. If the Company in any manner grants or sells, or the Company publicly announces the issuance or sale of, any Options and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options 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 Options for such price per share. For purposes of this Section 2(a)(i7(b)(i), the "lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options" 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 Options, upon exercise of the Options and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Options 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 Options, upon exercise of such Options and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Options. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (LMP Automotive Holdings, Inc.)

Issuance of Options. If the Company in any manner grants or sells, or the Company publicly announces the issuance or sale of, any Options and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options 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 Options for such price per share. For purposes of this Section 2(a)(i3(b)(i), the "lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options" 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 Options, upon exercise of the Options and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Options 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 Options, upon exercise of such Options and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Options. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock upon conversion, exercise or exchange of such Convertible Securities.. ​

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Regenerx Biopharmaceuticals Inc)

Issuance of Options. If the Company Corporation in any manner grants or sells, or the Company publicly announces the issuance or sale of, sells any Options and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options 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 Corporation at the time of the granting or sale of such Options Option for such price per share. For purposes of this Section 2(a)(i7(a)(i), the "lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options" Option” shall be equal to (1) the sum of the lowest amounts of consideration (if any) received or receivable by the Company Corporation with respect to any one share of Common Stock upon the granting or sale of the Optionssuch Option, upon exercise of the Options such Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Options less any consideration Option minus (2) the sum of all amounts paid or payable by by, or for the Company with respect benefit of, the Corporation to the holder of such one share of Common Stock Option (or any other Person) upon the granting or sale of such OptionsOption, upon exercise of such Options Option and upon conversion conversion, exercise or exchange of any Convertible Security issuable upon exercise of such OptionsOption plus the value of any other consideration received or receivable by, or benefit conferred on, the holder of such Option (or any other Person). No Except as contemplated below, no further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such shares share of Common Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares share of Common Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Securities Exchange Agreement (H.I.G. Aert, LLC)

Issuance of Options. If the Company Corporation in any manner grants or sells, or the Company publicly announces the issuance or sale of, sells any Options and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Options Option is less than the Applicable Price, then each such share of Common Stock underlying such Option shall be deemed to be outstanding and to have been issued and sold by the Company Corporation at the time of the granting or sale of such Options Option for such price per share. For purposes of this Section 2(a)(i8(b)(i), the "lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such OptionsOption" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Corporation with respect to any one share of Common Stock upon the granting or sale of the OptionsOption, upon exercise of the Options Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Options Option less any consideration paid or payable by the Company Corporation with respect to such one share of Common Stock Ordinary Share upon the granting or sale of such OptionsOption, upon exercise of such Options Option and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such OptionsOption. No further adjustment of the Exercise Conversion Price shall be made upon the actual issuance of such shares share of Common Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.

Appears in 1 contract

Samples: Merger Agreement (Vringo Inc)

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Issuance of Options. If the Company in any manner grants or sells, or the Company publicly announces the issuance or sale of, any Options and the lowest price per share for which one share of Common Stock Shares is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options is less than the Applicable Price, then such share of Common Stock Shares 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 Options for such price per share. For purposes of this Section 2(a)(i), the "lowest price per share for which one share of Common Stock Shares is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options" 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 Shares upon the granting or sale of the Options, upon exercise of the Options and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Options less any consideration paid or payable by the Company with respect to such one share of Common Stock Shares upon the granting or sale of such Options, upon exercise of such Options and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Options. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Stock Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock Shares upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Warrant Agreement (BriaCell Therapeutics Corp.)

Issuance of Options. If the Company in any manner grants or sells, or the Company publicly announces the issuance or sale of, any Options and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options 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 Options for such price per share. For purposes of this Section 2(a)(i3(e)(i), the "lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options" 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 Options, upon exercise of the Options and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Options 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 Options, upon exercise of such Options and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Options. No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (CTD Holdings Inc)

Issuance of Options. If the Company in shall, at any manner grants time or sellsfrom time to time after the Adjustment Date, grant or sell any options, whether or not such options or the Company publicly announces right to convert or exchange any convertible securities issuable upon the issuance or sale ofexercise of such options are immediately exercisable, any Options 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 exercise of any such Options options or upon conversion, exercise the conversion or exchange of any Convertible Securities convertible securities issuable upon the exercise of any such Options options is less than the Applicable Price, then such share of Common Stock shall be deemed Exercise Price in effect immediately prior to be outstanding and to have been issued and sold by the Company at the time of the granting or sale of such Options for such price per share. For purposes options, then the total maximum number of this Section 2(a)(i), the "lowest price per share for which one share shares of Common Stock is issuable upon the exercise of any such Options options or upon conversion, exercise conversion or exchange of any Convertible Securities the total maximum amount of convertible securities issuable upon the exercise of any such Options" options shall be deemed to have been issued as of the date of granting or sale of such options at a price per share equal to the sum quotient obtained by dividing of (A) the lowest amounts of consideration (total amount, if any) , received or receivable by the Company with respect to any one share as consideration for the granting, sale, or exercise of all such options (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 granting or sale of the Options, upon exercise of all such options or upon the Options and upon conversion, exercise conversion or exchange of any Convertible Security all convertible securities issuable upon the exercise of all such Options 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 Options, upon exercise of such Options and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such Optionsoptions. No further adjustment of the Exercise Price of Warrant Shares shall be made upon the actual issuance of such shares of Common Stock or of such Convertible Securities convertible securities upon the exercise of such Options options or upon the actual issuance of such shares of Common Stock upon conversion, exercise conversion or exchange of convertible securities issuable upon exercise of such Convertible Securitiesoptions.

Appears in 1 contract

Samples: Company Warrant Amendment (TherapeuticsMD, Inc.)

Issuance of Options. If If, during the Restricted Period, the Company in any manner grants or sells, or the Company publicly announces the issuance or sale of, sells any Options and the lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options 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 Options Option for such price per share. For purposes of this Section 2(a)(i2(b)(i), the "lowest price per share for which one share of Common Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any Convertible Securities issuable upon exercise of any such Options" Option” shall be equal to (A) 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 Optionssuch Option, upon exercise of the Options such Option and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Options less any consideration Option minus (B) the sum of all amounts paid or payable by to the Company with respect to holder of such one share of Common Stock Option (or any other Person) upon the granting or sale of such OptionsOption, upon exercise of such Options Option and upon conversion conversion, exercise or exchange of any Convertible Security issuable upon exercise of such OptionsOption plus the value of any other consideration received or receivable by, or benefit conferred on, the holder of such Option (or any other Person). Except as contemplated below, No further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ideanomics, Inc.)

Issuance of Options. If the Company Parent in any manner grants or sells, or the Company publicly announces the issuance or sale of, sells any Options and the lowest price per share for which one share of Common Stock Shares is issuable upon the exercise of any such Options Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such Options Option is less than the Applicable Price, then each such share of Common Stock Shares underlying such Option shall be deemed to be outstanding and to have been issued and sold by the Company Parent at the time of the granting or sale of such Options Option for such price per share. For purposes of this Section 2(a)(i4(s)(iv)(A)(I), the "lowest price per share for which one share of Common Stock Shares is issuable upon the exercise of any such Options Option or upon conversion, exercise conversion or exchange or exercise of any Convertible Securities issuable upon exercise of any such OptionsOption" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company Parent with respect to any one share of Common Stock Shares upon the granting or sale of the OptionsOption, upon exercise of the Options Option and upon conversion, exercise conversion or exchange or exercise of any Convertible Security issuable upon exercise of such Options 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 Options, upon exercise of such Options and upon conversion exercise or exchange of any Convertible Security issuable upon exercise of such OptionsOption. No further adjustment of the Exercise Exchange Price shall be made upon the actual issuance of such shares share of Common Stock Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Stock Shares upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.

Appears in 1 contract

Samples: Securities Purchase Agreement (Banro Corp)

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