Common use of Issuance of Other Securities Clause in Contracts

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. If, at any time after the Exchange Date Filing ---------------------------- (as defined in the Exchange Agreement)Date, the Corporation Company shall issue any securities which are convertible into or exchangeable for Common Stock ("Convertible Securities") either (i1) 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 (ii2) with a fixed conversion or exercise price less than the Conversion Price, then, at the Holder's option: (xa) in the case of clause (i1), 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 (yb) in the case of clause (ii2), the Conversion Price shall be proportionately reducedreduced to such lesser conversion or exercise price. If the Corporation Company 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 Amendmentthe Series B Preferred Stock, each the Holder may elect that the provisions of these Articles this Certificate of Amendment Designations be revised to incorporate such different provisions with respect to conversion or exchange, subject to the limitations of Section 5 IV.G hereof; provided, however, Purchaser -------- ------- such Holder 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. If, at any time after the Exchange Date ---------------------------- (as defined in the Exchange Agreement)Closing Date, 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.