Common use of Issuance of Rights, Options or Warrants Clause in Contracts

Issuance of Rights, Options or Warrants. In case at any time after the date hereof the Company shall in any manner grant any rights to subscribe for or to purchase, any options or warrants (other than subscription rights or warrants subject to the provisions of Section 9(c)) for the purchase of shares of Common Stock or any stock or securities convertible into or exchangeable for Common Stock (such convertible or exchangeable stock or securities being herein called "Convertible Securities"), whether or not such rights, options or warrants or the right to convert or exchange any such Convertible Securities are immediately exercisable, and the price per share for which shares of Common Stock are issuable upon the exercise of such rights, options or warrants, or upon conversion or exchange of 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 rights, options or warrants, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the exercise of such rights, options or warrants, plus, in the case of such rights, options or warrants which relate to Convertible Securities, the minimum aggregate amount of additional consideration, if any, payable upon the conversion or exchange thereof, by (ii) the total maximum number of shares of Common Stock issuable upon the exercise of such rights, options or warrants or upon the conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights, options or warrants) shall be less than the Warrant Price in effect immediately prior to the time of the granting of such rights, options or warrants, as the case may be, then the maximum number of shares of Common Stock issuable upon the exercise of such rights, options or warrants or upon conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights or options shall be deemed to be outstanding as of the date of the granting of such rights or options and to have been issued for such price per share, with the effect on the Warrant Price specified in Section 9(d)(i). Except as provided in subparagraph (C), no further adjustment of the Warrant Price shall be made upon the actual issue of such shares of Common Stock or of such Convertible Securities upon exercise of such rights, options or warrants or upon the actual issue of such shares of Common Stock upon conversion or exchange of such Convertible Securities.

Issuance of Rights, Options or Warrants. In case at any time after the date hereof the Company shall grant (whether directly or by assumption in any manner grant a merger or otherwise) or issue any rights to subscribe for or to purchase, or any options option for the purchase of, Common Stock or warrants Convertible Securities (other than subscription rights or warrants subject to the provisions of Section 9(c)) for the purchase of shares of Common Stock or any stock or securities convertible into or exchangeable for Common Stock (such convertible or exchangeable stock or securities being herein called "Convertible Securities"Employee Options), whether or not such rights, rights or options or warrants or the right to convert or exchange any such Convertible Securities are immediately exercisable, and the price per share for which shares of Common Stock are is issuable upon the exercise of such rights, rights or options or warrants, warrants or upon conversion or exchange of such Convertible Securities (determined by dividing (ia) the total amount, if any, received or receivable by the Company as consideration for the granting of such rights, rights or options or warrants, plus the minimum aggregate amount of additional consideration, if any, consideration payable to the Company upon the exercise of such rights, rights or options or warrants, plus, plus in the case of such rights, rights or options or warrants 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 (iib) the total maximum number of shares of Common Stock issuable upon the exercise of such rights, rights or options or warrants or upon the conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights, rights or options or warrants) shall be less than the Warrant Current Market Price in effect existing immediately prior to the time of the granting of such rights, options or warrants, as the case may bethereof, then the number of shares of Common Stock constituting a Stock Unit and the respective Exercise Price shall be adjusted as provided in subsections (d)(i) and (d)(ii) above, on the basis that the maximum number of shares of Common Stock issuable upon the exercise of such rights, rights or options or warrants or upon conversion or exchange at the maximum amount of all such Convertible Securities issuable upon the exercise of such rights or options shall be deemed to be outstanding as of the date of the granting of such rights or options and to have been issued for such price per share, with the effect on the Warrant Price specified in Section 9(d)(i). Except as provided in subparagraph (C), no further adjustment Adjustments of the Warrant Exercise Price shall be made upon the actual issue of such shares of Common Stock or of such or, with respect to Convertible Securities Securities, upon exercise of such rights, rights or options or warrants or upon the actual issue of such shares of Common Stock upon conversion or exchange of such Convertible Securities. For purposes of this subparagraph (iii), the date on which the Current Market Price shall be computed shall be the earlier of the date upon which the Company shall either enter into a firm contract for the issuance of such rights or other options, or issue such rights or other options.

Issuance of Rights, Options or Warrants. In case at any time after the date hereof the Company shall grant (whether directly or by assumption in any manner grant a merger or otherwise) any rights to subscribe for or to purchase, or any options or warrants (other than subscription rights or warrants subject to the provisions of Section 9(c)) for the purchase of shares of of, Common Stock or any stock or securities convertible into or exchangeable for Common Stock (such convertible or exchangeable stock or securities being herein called "Convertible Securities"), ) whether or not such rights, rights or options or warrants or the right to convert or exchange any such Convertible Securities are immediately exercisable, and the price per share for which shares of Common Stock are is issuable upon the exercise of such rights, right or options or warrants, warrants or upon conversion or exchange of such Convertible Securities (determined as provided below) shall be less than the Exercise Price in effect immediately prior to the time of the granting of such rights or options or warrants, then the total maximum number of shares of Common Stock issuable upon the exercise of such rights or options or warrants or upon conversion or exchange of the total maximum amount of such Convertible Securities issuable upon the exercise of such rights or options or warrants shall (as of the date of granting of such rights or options or warrants) be deemed to be outstanding and to have been issued for such price per share. Except as provided in clause (iii) of this subsection, no further adjustments of any Exercise Price shall be made upon the actual issue of such Common Stock or of such Convertible Securities upon the exercise of such rights or options or warrants or upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities. For the purposes of this clause (i), the price per share for which Common Stock is issuable upon the exercise of any such rights or options or warrants or upon conversion or exchange of any such Convertible Securities shall be determined by dividing (iA) the total amount, if any, received or receivable by the Company as consideration for the granting of such rights, rights or options or warrants, plus the minimum aggregate amount of additional consideration, if any, consideration payable to the Company upon the exercise of all such rights, rights or options or warrants, plus, in the case of such rights, rights or options or warrants 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 (iiB) the total maximum number of shares of Common Stock issuable upon the exercise of such rights, rights or options or warrants or upon the conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights, rights or options or warrants) shall be less than the Warrant Price in effect immediately prior to the time of the granting of such rights, options or warrants, as the case may be, then the maximum number of shares of Common Stock issuable upon the exercise of such rights, options or warrants or upon conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights or options shall be deemed to be outstanding as of the date of the granting of such rights or options and to have been issued for such price per share, with the effect on the Warrant Price specified in Section 9(d)(i). Except as provided in subparagraph (C), no further adjustment of the Warrant Price shall be made upon the actual issue of such shares of Common Stock or of such Convertible Securities upon exercise of such rights, options or warrants or upon the actual issue of such shares of Common Stock upon conversion or exchange of such Convertible Securities.

Issuance of Rights, Options or Warrants. In case at any time after the date hereof the Company shall grant (whether directly or by assumption in any manner grant a merger or otherwise) or issue any rights to subscribe for or to purchase, or any options or warrants (other than subscription rights or warrants subject to the provisions of Section 9(c)) option for the purchase of shares of of, Common Stock or any stock or securities convertible into or exchangeable for Common Stock (such convertible or exchangeable stock or securities being herein called "Convertible Securities"), whether or not such rights, rights or options or warrants or the right to convert or exchange any such Convertible Securities are immediately exercisable, and the price per share for which shares of Common Stock are is issuable upon the exercise of such rights, rights or options or warrants, warrants or upon conversion or exchange of such Convertible Securities (determined by dividing (ia) the total amount, if any, received or receivable by the Company as consideration for the granting of such rights, rights or options or warrants, plus the minimum aggregate amount of additional consideration, if any, consideration payable to the Company upon the exercise of such rights, rights or options or warrants, plus, plus in the case of such rights, rights or options or warrants 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 (iib) the total maximum number of shares of Common Stock issuable upon the exercise of such rights, rights or options or warrants or upon the conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights, rights or options or warrants) shall be less than the Warrant Current Market Price in effect existing immediately prior to the time of the granting of such rights, options or warrants, as the case may bethereof, then the number of shares of Common Stock constituting a Stock Unit and the respective Exercise Price shall be adjusted as provided in subsections (d)(i) and (d)(ii) above, on the basis that the maximum number of shares of Common Stock issuable upon the exercise of such rights, rights or options or warrants or upon conversion or exchange at the maximum amount of all such Convertible Securities issuable upon the exercise of such rights or options shall be deemed to be outstanding as of the date of the granting of such rights or options and to have been issued for such price per share, with the effect on the Warrant Price specified in Section 9(d)(i). Except as provided in subparagraph (C), no further adjustment Adjustments of the Warrant Exercise Price shall be made upon the actual issue of such shares of Common Stock or of such or, with respect to Convertible Securities Securities, upon exercise of such rights, rights or options or warrants or upon the actual issue of such shares of Common Stock upon conversion or exchange of such Convertible Securities. For purposes of this subparagraph (iii), the date on which the Current Market Price shall be computed shall be the earlier of the date upon which the Company shall either enter into a firm contract for the issuance of such rights or other options, or issue such rights or other options.

Issuance of Rights, Options or Warrants. In case at any time after the date hereof the Company shall grant (whether directly or by assumption in any manner grant a merger or otherwise) any rights to subscribe for or to purchase, or any options or warrants (other than subscription rights or warrants subject to the provisions of Section 9(c)) for the purchase of shares of of, Common Stock or any stock or securities convertible into or exchangeable for Common Stock (such convertible or exchangeable stock or securities being herein called "Convertible Securities"), ) whether or not such rights, rights or options or warrants or the right to convert or exchange any such Convertible Securities are immediately exercisable, and the price per share for which shares of Common Stock are is issuable upon the exercise of such rights, right or options or warrants, warrants or upon conversion or exchange of such Convertible Securities (determined as provided below) shall be less than the Exercise Price in effect immediately prior to the time of the granting of such rights or options or warrants, then the total maximum number of shares of Common Stock issuable upon the exercise of such rights or options or warrants or upon conversion or exchange of the total maximum amount of such Convertible Securities issuable upon the exercise of such rights or options or warrants shall (as of the date of granting of such rights or options or warrants) be deemed to be outstanding and to have been issued for such price per share. Except as provided in clause (iii) of this subsection, no further adjustments of any Exercise Price shall be made upon the actual issue of such Common Stock or of such Convertible Securities upon the exercise of such rights or options or warrants or upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities. For the purposes of this clause (i), the price per share for Common Stock is issuable upon the exercise of any such rights or options or warrants or upon conversion or exchange of any such Convertible Securities shall be determined by dividing (iA) the total amount, if any, received or receivable by the Company as consideration for the granting of such rights, rights or options or warrants, plus the minimum aggregate amount of additional consideration, if any, consideration payable to the Company upon the exercise of all such rights, rights or options or warrants, plus, in the case of such rights, rights or options or warrants 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 (iiB) the total maximum number of shares of Common Stock issuable upon the exercise of such rights, rights or options or warrants or upon the conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights, rights or options or warrants) shall be less than the Warrant Price in effect immediately prior to the time of the granting of such rights, options or warrants, as the case may be, then the maximum number of shares of Common Stock issuable upon the exercise of such rights, options or warrants or upon conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights or options shall be deemed to be outstanding as of the date of the granting of such rights or options and to have been issued for such price per share, with the effect on the Warrant Price specified in Section 9(d)(i). Except as provided in subparagraph (C), no further adjustment of the Warrant Price shall be made upon the actual issue of such shares of Common Stock or of such Convertible Securities upon exercise of such rights, options or warrants or upon the actual issue of such shares of Common Stock upon conversion or exchange of such Convertible Securities.