Common use of Issuance of Options Clause in Contracts

Issuance of Options. If the Company in any manner grants or sells any Options and the lowest price per share for which one Common Share 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 Common 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 Options for such price per share. For purposes of this Section 2(a)(i), the “lowest price per share for which one Common Share 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 Common Share 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 Common Share 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 Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Warrant Agreement (VBI Vaccines Inc/Bc)

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Issuance of Options. If the Company in any manner grants or sells any Options and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise conversion 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 Share 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)(i8(a)(i), the "lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise conversion or exchange of any such Convertible Securities issuable upon exercise of any such Options” 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 Share Stock upon the granting or sale of the OptionsOption, upon exercise of the Options Option and upon conversion, exercise conversion 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 Common Share 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 Warrant Exercise Price shall be made upon the actual issuance of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares Stock upon conversion, exercise conversion or exchange of such Convertible Securities. Notwithstanding the foregoing, no adjustment shall be made pursuant to this Section 8(a)(i) to the extent that such adjustment is based solely on the fact that the Convertible Securities issuable upon exercise of such Option are convertible into or exchangeable for Common Stock at a price which varies with the market price of the Common Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (8x8 Inc)

Issuance of Options. If the Company in any manner grants or sells any Options and the lowest price per share for which one share of Common Share 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 such share of Common Share 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)(i)10.1.1, the “lowest price per share for which one share of Common Share Stock 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 OptionsOption” 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 Share 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 with respect to such one share of Common Share 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 Conversion Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise conversion or exchange or exercise of such Convertible Securities.

Appears in 1 contract

Samples: Senior Secured Convertible Promissory Note (Broadcast International Inc)

Issuance of Options. If the Company in any manner grants or sells any Options and the lowest price per share for which one Common Share 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 Common 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 Options Option for such price per share. For purposes of this Section 2(a)(i), the "lowest price per share for which one Common Share 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 the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share 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 Common 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 Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Warrant to Purchase Common Stock (Wave Systems Corp)

Issuance of Options. If the Company in any manner grants or sells any Options and the lowest price per share for which one share of Common Share 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 Share 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(a)(i), the “lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any such 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 with respect to any one share of Common Share 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 Share 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 Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Notes and Warrants Purchase Agreement (Chinacast Education Corp)

Issuance of Options. If In case at any time the Company shall in any manner grants or sells grant any Options (including Options for Convertible Securities) to a Restricted Purchaser, and the lowest price per share for which one Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise conversion or exchange of any such Convertible Securities (determined by dividing (i) the total amount, if any, received or receivable by the Company as consideration for the granting of such Options, plus the minimum aggregate amount of additional consideration payable to the Company upon the exercise of all such Options, plus, in the case of such Options which relate to Convertible Securities, the minimum aggregate amount of additional consideration, if any, payable upon the issue or sale of such Convertible Securities and upon the conversion or exchange thereof, by (ii) the total maximum number of shares of Common Stock issuable upon the exercise of such Options or upon the conversion or exchange of all such Convertible Securities issuable upon the exercise of any such Options is Options) shall be less than the Applicable Pricecurrent conversion price determined as of the earlier of the date immediately preceding (i) the date of granting such Options or (ii) the date of any announcement of the granting of such Options, then THEN the total maximum number of shares of Common Stock issuable upon the exercise of such Common Share Options or upon conversion or exchange of the total maximum amount of such Convertible Securities issuable upon the exercise of such Options shall (as of the date of grant of such Options) 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 Common Share 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 Common Share 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 Common Share 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 conversion price shall be made upon the actual issuance issue of such Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance issue of such Common Shares Stock upon conversion, exercise conversion or exchange of such Convertible Securities, except as otherwise provided in Section 6.10B(c).

Appears in 1 contract

Samples: Purchase Agreement (Sa Telecommunications Inc /De/)

Issuance of Options. If the Company in any manner grants or sells any Options and the lowest price per share for which one share of Common Share 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 Share 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)(i), the "lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any such 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 Share 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 Share 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 Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Warrant to Purchase Common Stock (Adeona Pharmaceuticals, Inc.)

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Issuance of Options. If the Company in any manner grants or sells any Options and the lowest price per share for which one Common Share 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 Common 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 Options Option for such price per share. For purposes of this Section 2(a)(i), the "lowest price per share for which one Common Share 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 the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one Common Share 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 Common 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 Price shall be made upon the actual issuance of such Common Shares or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Warrant Agreement (Banro Corp)

Issuance of Options. If the Company Issuer in any manner grants or sells any Options options to purchase Common Stock (“Options”), other than in connection with a Permitted Issuance , and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Options Option or upon conversion, exercise or exchange of any stock or securities (other than Options) directly or indirectly convertible into or exercisable or exchangeable for shares of Common Stock (“Convertible Securities Securities”) issuable upon exercise of any such Options Option is less than the Applicable Price, then such share of Common Share Stock shall be deemed to be outstanding and to have been issued and sold by the Company Issuer 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 Share Stock is issuable upon the exercise of any such Options or upon conversion, exercise or exchange of any such 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 Issuer with respect to any one share of Common Share 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 less any consideration paid or payable by the Company with respect to such one Common Share 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 Warrant Price or number of shares of Warrant Stock shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Warrant Agreement (Blast Energy Services, Inc.)

Issuance of Options. If the Company in any manner grants or sells any Options and the lowest price per share for which one share of Common Share Stock is issuable upon the exercise of any such Option or upon conversion, exercise or exchange of any 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 5.4(a), 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 Common Share Option” shall be deemed equal to be outstanding and to have been issued and sold by the Company at the time of the granting or sale of lowest exercise price set forth in such Options for such price per share. For purposes of this Section 2(a)(i), the “lowest price per share Option for which one share of Common Share 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 Common Share upon the granting or sale of the OptionsOption. Except as contemplated below, 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 Common Share 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 no further adjustment of the Exercise Price shall be made upon the actual issuance of such shares of Common Shares Stock or of such Convertible Securities upon the exercise of such Options or upon the actual issuance of such shares of Common Shares Stock upon conversion, exercise or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Warrant Agreement (CareView Communications Inc)

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