Issuance of Other Securities. If, at any time after the Exchange Date ---------------------------- (as defined in the Exchange Agreement), the Corporation shall issue any securities which are convertible into or exchangeable for Common ("Convertible Securities") either (i) at a conversion or exchange rate based on a discount from the Market Price of the Common Stock at the time of conversion or exercise or (ii) with a fixed conversion or exercise price less than the Conversion Price, then, at the Holder's option: (x) in the case of clause (i), the Conversion Price in respect of any conversion of the Preferred Shares after such issuance shall be calculated utilizing the greatest discount applicable to any such Convertible Securities; and (y) in the case of clause (ii), the Conversion Price shall be proportionately reduced. If the Corporation shall issue any Convertible Securities that are convertible into or exchangeable for shares of Common Stock on a basis different from that of these Articles of Amendment, each Holder may elect that the provisions of these Articles of Amendment be revised to incorporate such different provisions with respect to conversion or exchange, subject to the limitations of Section 5 hereof; provided, however, Purchaser may not select provisions on a non-integrated basis which would have an inequitable result on the intent of this provision.
Issuance of Other Securities. NAS shall not issue or agree to issue any securities of NAS to any Person with voting rights that are more favorable in any material respect than the voting rights of the Preferred Shares.
Issuance of Other Securities. If, at any time prior to the Effective Date of Mandatory Conversion, the Corporation shall issue (other than issuances to employees, consultants, officers and directors pursuant to the Company's stock option plans, to the extent consistent with past practices), any securities which are convertible into or exchangeable for Common Stock ("Convertible Securities") at a conversion price or exchange rate which is more favorable to the holders of such Convertible Securities than the Conversion Price mechanism provided for herein, then, at the option of the Holder, such conversion price or exchange rate shall be applicable hereto.
Issuance of Other Securities. The Company shall not to issue any securities (including any security convertible or exercisable into common stock) in a bona fide financing transaction at a price under $0.20 per share without the consent of the investors for a period of one year from the date of Closing.
Issuance of Other Securities. Except as set forth in this Agreement, there are no preemptive or other rights to subscribe for or purchase, or any restriction upon the voting or transfer of, any shares of Common Stock or any other securities of the Company, under the Certificate of Incorporation or ByLaws, or any agreement or other outstanding instrument to which the Company or any of its Subsidiaries is a party or by which it/they is bound. Except for the Securities and the Sands Warrants or as set forth in this Agreement, neither the Company nor any of its Subsidiaries has outstanding any option, warrant, convertible security, or other right permitting or requiring it to issue, or others to purchase or convert any obligation into, shares of Common Stock or any other securities of the Company, and neither the Company nor any of its Subsidiaries has agreed to issue or sell any shares of Common Stock or any other securities of the Company.
Issuance of Other Securities. If, at any time after the date of this Note, the Corporation issues or sells, or in accordance with Article VII.D(i) hereof is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the Market Price on the Measurement Date (as such terms as hereinafter defined) (a "DILUTIVE ISSUANCE"), then effective immediately upon the Dilutive Issuance, the Conversion Price will be adjusted in accordance with the following formula: C' = C x O+P/M ----- CSDO where:
Issuance of Other Securities. If, at any time after the Issue Date, the Corporation shall issue any securities which are convertible into or exchangeable for Common Stock ("Convertible Securities") at a conversion price or exchange rate which is more favorable to the holders of such Convertible Securities than the Conversion Price mechanism provided for herein, then, at the option of the Holder, such conversion price or exchange rate shall be applicable hereto.
Issuance of Other Securities. The Manager is authorized to cause the issuance of any other type of security of the Company from time to time to Members or others on terms and conditions established in the reasonable discretion of the Manager. Such securities may include, without limitation, unsecured and secured debt obligations of the Company, debt obligations of the Company convertible into Units and options, rights or warrants to purchase any such Units.
Issuance of Other Securities. Intentionally deleted.
Issuance of Other Securities. If, at any time after the Closing Date, ---------------------------- the Company shall issue any securities which are convertible into or exchangeable for Common Stock ("Convertible Securities") either (1) at a ---------------------- conversion or exchange rate based on a discount from the Average Market Price of the Common Stock at the time of conversion or exercise or (2) with a fixed conversion or exercise price less than the Conversion Price, then, at the Holder's option: (a) in the case of clause (1), the Conversion Price shall be calculated utilizing the greatest discount applicable to any such Convertible Securities; and (b) in the case of clause (2), the Conversion Price shall be reduced to such lesser conversion or exercise price. If the Company shall issue any Convertible Securities that are convertible into or exchangeable for shares of Common Stock on a basis different from that of the Series A Preferred Stock, the Holder may elect that the provisions of this Certificate of Designations be revised to incorporate such different provisions with respect to conversion or exchange, subject to the limitations of Section IV.G hereof; provided, however, -------- ------- such Holder may not select provisions on a non-integrated basis which would have an inequitable result on the intent of this provision.
