Common use of Issuance of Rights or Options Clause in Contracts

Issuance of Rights or Options. If at any time the Company shall grant (whether directly or by assumption in a merger in which the Company is the surviving Company or otherwise) any rights to subscribe for or to purchase, or any options for the purchase 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 or options or the right to convert or exchange any such Convertible Securities are immediately exercisable, and the price per share for which Common Stock is issuable upon the exercise of such rights or options or upon conversion or exchange of such Convertible Securities (determined as provided below) shall be less than 95% of the Market Price in effect immediately prior to the time of the granting of such rights or options, then the total maximum number of shares of Common Stock issuable upon the exercise of such rights or options or upon conversion or exchange of the total maximum amount of such Convertible Securities issuable upon the exercise of such rights or options shall (as of the date of granting of such rights or options) be deemed to have been issued for such price per share, and the Exercise Price shall be adjusted in accordance with Section 8(b). Except as provided in clause (iii) of this subsection, no further adjustments of any Exercise Price shall be made upon the actual issue of

Issuance of Rights or Options. If In case at any time the Company Corporation shall in any manner grant (whether directly or by assumption in a merger in which the Company is the surviving Company or otherwise) any rights to subscribe for or to purchase, or any options for the purchase of, Common Stock or any stock or other securities convertible into or exchangeable for Common Stock (such rights or options being herein called "Options" and such convertible or exchangeable stock or securities being herein called "Convertible Securities") ), whether or not such rights or options Options or the right rights to convert or exchange any such Convertible Securities are immediately exercisable, and the price per share for which Common Stock is issuable upon the exercise of such rights or options Options or upon conversion or exchange of such Convertible Securities (determined by dividing (i) the total amount, if any, received or receivable by the Corporation as provided belowconsideration for the granting of such Options, plus the minimum aggregate amount of additional consideration payable to the Corporation 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 such Options) shall be less than 95% of the Market Price in effect immediately prior to the time Price, determined as of the date of granting of such rights or optionsOptions), then the total maximum number of shares of Common Stock issuable upon the exercise of such rights or options Options or upon conversion or exchange of the total maximum amount of such Convertible Securities issuable upon the exercise of such rights or options Options shall (as of the date of granting grant of such rights or optionsOptions) be deemed to be outstanding and to have been issued for such price per share, and . No adjustment of the Exercise Price shall be adjusted in accordance with Section 8(b). Except as provided in clause (iii) of this subsection, no further adjustments of any Exercise Conversion Price shall be made upon the actual issue ofof such Common Stock or of such Convertible Securities upon exercise of such Options or upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Securities, except as otherwise provided in Section 4.4(c).

Issuance of Rights or Options. If In case at any time after the date hereof the Company shall in any manner grant (whether directly or by assumption in a merger in which the Company is the surviving Company or otherwise) any rights to subscribe for or to purchase, or any options for the purchase 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 or options 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 is are issuable upon the exercise of such rights or options 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 provided belowconsideration for the granting of such rights or options, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the exercise of such rights or options, or plus, in the case of such rights or options that 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 rights or options or upon the conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights or options) shall be less than 95% of the Market Exercise Price in effect immediately prior to the time as of the date of granting of such rights or options, then the total maximum number of shares of Common Stock issuable upon the exercise of such rights or options or upon conversion or exchange of the total 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) be deemed to have been issued for such price per share, options and the Exercise Price shall be adjusted in accordance with Section 8(b). Except as provided in clause (iii) of this subsection, no further adjustments of any Exercise Price shall be made upon the actual issue ofto

Issuance of Rights or Options. If In case at any time after the date hereof the Company shall in any manner grant (whether directly or by assumption in a merger in which the Company is the surviving Company or otherwise) any rights to subscribe for or to purchase, or any options for the purchase 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 or options 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 is are issuable upon the exercise of such rights or options 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 provided below) shall be less than 95% of the Market Price in effect immediately prior to the time of consideration for the granting of such rights or options, then plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the exercise of such rights or options, or plus, in the case of such rights or options that 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 rights or options or upon the conversion or exchange of the total maximum amount of all such Convertible Securities issuable upon the exercise of such rights or options options) shall (be less than the Exercise Price in effect as of the date of granting of such rights or options) be deemed to have been issued for such price per share, and then the Exercise Price shall be adjusted in accordance with Section 8(b). Except as provided in clause (iii) total maximum number of this subsection, no further adjustments shares of any Exercise Price shall be made upon the actual issue ofCommon

Issuance of Rights or Options. If In case at any time the Company shall in any manner grant (whether directly or by assumption in a merger in which the Company is the surviving Company or otherwise) any warrants or other rights to subscribe for or to purchase, or any options for the purchase of, Common Stock or any stock or securities security convertible into or exchangeable for Common Stock (such warrants, rights, or options being called “Options” and such convertible or exchangeable stock or securities being herein called "“Convertible Securities") ”), whether or not such rights or options Options or the right to convert or exchange any such Convertible Securities are immediately exercisable, and the price Price per share Share for which Common Stock is issuable upon the exercise of such rights or options Options or upon the conversion or exchange of such Convertible Securities (determined as provided below) shall be less than 95% of the Market Warrant Exercise Price in effect immediately prior to the time of the granting of such rights or optionsDilutive Issuance, then the total maximum number of shares of Common Stock issuable upon the exercise of such rights or options Options or upon conversion or exchange of the total maximum amount of such Convertible Securities issuable upon the exercise of such rights or options Options shall (be deemed to have been issued for such Price per Share as of the date of granting of such rights Options or options) the issuance of such Convertible Securities and thereafter shall be deemed to have been issued for such price per share, and the Exercise Price shall be adjusted outstanding (except as provided in accordance with Section 8(b8(e)(ii)(C)). Except as otherwise provided in clause (iiiSection 8(e)(ii)(B) of this subsectionbelow, no further adjustments adjustment of any the Warrant Exercise Price shall be made upon the actual issuance of such Common Stock or of such Convertible Securities upon exercise of such Options or upon the actual issue ofof such Common Stock upon conversion or exchange of such Convertible Securities.

Issuance of Rights or Options. If In case at any time after the date hereof the Company shall in any manner grant (whether directly or by assumption in a merger in which the Company is the surviving Company or otherwise) any rights to subscribe for or to purchase, or any options for the purchase 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") (other than warrants, options or convertible securities issued as consideration for or assumed in conjunction with an acquisition or to officers, directors, or employees of the acquired entity in conjunction therewith), whether or not such rights or options 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 is are issuable upon the exercise of such rights or options 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 provided below) shall be less than 95% of the Market Price in effect immediately prior to the time of consideration for the granting of such rights or options, then plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the exercise of such rights or options, or plus, in the case of such rights or options that 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 rights or options or upon the conversion or exchange of the total maximum amount of all such Convertible Securities issuable upon the exercise of such rights or options options) shall (be less than the Conversion Price in effect as of the date of granting of such rights or options) be deemed to have been issued for such price per share, and then the Exercise Price shall be adjusted in accordance with Section 8(b). Except as provided in clause (iii) total maximum number of this subsection, no further adjustments shares of any Exercise Price shall be made upon the actual issue ofCommon

Issuance of Rights or Options. If In case at any time after the date hereof the Company shall in any manner grant (whether directly or by assumption in a merger in which the Company is the surviving Company or otherwise) any rights to subscribe for or to purchase, or any options for the purchase 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 or options 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 is are issuable upon the exercise of such rights or options 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 provided belowconsideration for the granting of such rights or options, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the exercise of such rights or options, or plus, in the case of such rights or options that 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 rights or options or upon the conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights or options) shall be less than 95% of the Market Exercise Price in effect immediately prior to the time as of the date of granting of such securities, rights or options, then the total maximum number of shares of Common Stock issuable upon the exercise of such rights or options or upon conversion or exchange of the total 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) be deemed options and to have been issued for such price per share, and with the effect on the Exercise Price shall be adjusted specified in accordance with Section 8(b). Except as provided in clause (iii) of this subsection, no further adjustments of any Exercise Price shall be made upon the actual issue of3.2.1

Issuance of Rights or Options. If Subject to Section 4(e) hereof, in case at any time the Company Corporation shall in any manner grant (whether directly or by assumption in a merger in which the Company is the surviving Company or otherwise) any rights to subscribe for or to purchase, or any options for the purchase of, Common Stock or any stock (other than shares of Convertible Preferred Stock) or securities convertible into or exchangeable for Common Stock (such rights or options being herein called "Options" and such convertible or exchangeable stock or securities being herein called "Convertible Securities") whether or not such rights or options Options or the right to convert or exchange any such Convertible Securities are immediately exercisable, and the price per share for which Common Stock is issuable upon the exercise of such rights or options Options or upon conversion or exchange of such Convertible Securities (determined by dividing (A) the total amount, if any, received or receivable by the Corporation as provided below) shall be less than 95% of the Market Price in effect immediately prior to the time of consideration for the granting of such rights Options, plus the minimum aggregate amount of additional consideration payable to the Corporation 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 optionssale of such Convertible Securities and upon the conversion or exchange thereof, then by (B) the total maximum number of shares of Common Stock issuable upon the exercise of such rights or options Options or upon the conversion or exchange of the total maximum amount of such Convertible Securities issuable upon the exercise of such rights or options shall (as of the date of granting of such rights or options) be deemed to have been issued for such price per share, and the Exercise Price shall be adjusted in accordance with Section 8(b). Except as provided in clause (iii) of this subsection, no further adjustments of any Exercise Price shall be made upon the actual issue ofor