Common use of Issuance of Stock Equivalents Clause in Contracts

Issuance of Stock Equivalents. If the Company in any manner grants or issues Stock Equivalents and the lowest price per share of Common Stock for which shares of Common Stock of the Company or analogous economic rights are issuable upon the exercise of any such Stock Equivalent is less than the Fair Market Value at the time of the granting or issuing of such Stock Equivalent, then such shares of Common Stock will be deemed to have been issued and sold by the Company for such price per share of Common Stock. For purposes of this Paragraph, the "lowest price per share of Common Stock for which shares of Common Stock or analogous economic rights are issuable" will be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to a specific share of Common Stock or analogous economic right upon the exercise of the Stock Equivalent (whether by conversion, exchange or otherwise) or other similar indication of the price per share of Common Stock as of the time of granting (such as the floor value for stock appreciation rights). No further adjustment of the Exercise Shares will be made upon the actual issue of such shares of Common Stock or upon the exercise of any rights under the Stock Equivalents.

Issuance of Stock Equivalents. If the Company in any manner grants or issues Stock Equivalents other than Exempt Securities as permitted by the Purchase Agreement and the lowest price per share of Common Stock for which shares any one share of Common Stock of the Company or analogous economic rights are right is issuable upon the exercise of any such Stock Equivalent is less than the Fair Market Value at the time of the granting or issuing of such Stock Equivalent, then such shares of Common Stock will be deemed to have been issued and sold by the Company for such price per share of Common Stock. For purposes of this Paragraphparagraph, the "lowest price per share of Common Stock for which shares any one share of Common Stock or analogous economic rights are right is issuable" will be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to a specific any one share of Common Stock or analogous economic right upon the exercise of the Stock Equivalent (whether by conversion, exchange or otherwise) or other similar indication of the price per share of Common Stock as of the time of granting (such as the floor value for stock appreciation rights). No further adjustment of the Exercise Shares will be made upon the actual issue of such shares of Common Stock or upon the exercise of any rights under the Stock Equivalents.

Issuance of Stock Equivalents. If If, after the actual date of issuance of this Warrant (notwithstanding anything to the contrary set forth in Section 7 hereof), the Company in any manner grants or issues Stock Equivalents Equivalents, other than as permitted by the Purchase Agreement and other than which are Outstanding Securities (or any option, warrant, right or similar security or claim exercisable into, exchangeable for, or convertible into Outstanding Securities), and the lowest price per share of Common Stock for which shares any one share of Common Stock of the Company or analogous economic rights are right is issuable upon the exercise of any such Stock Equivalent is less than the Fair Market Value at the time of the granting or issuing of such Stock Equivalent, then such shares of Common Stock will be deemed to have been issued and sold by the Company for such price per share of Common Stock. For purposes of this Paragraphparagraph, the "lowest price per share of Common Stock for which shares any one share of Common Stock or analogous economic rights are right is issuable" will be equal to the sum as of the time of the grant of the lowest amounts of consideration (if any) received or receivable by the Company (whether payment for the Stock Equivalent or as payment for the exercise or conversation of the Stock Equivalent) with respect to a specific any one share of Common Stock or analogous economic right upon the exercise of the Stock Equivalent (whether by conversion, exchange or otherwise) or other similar indication of the price per share of Common Stock as of the time of granting (such as the floor value for stock appreciation rights). No further adjustment of the Exercise Shares will be made upon the actual issue of such shares of Common Stock or upon the exercise of any rights under the Stock Equivalents.

Issuance of Stock Equivalents. If If, after the actual date of issuance of this Warrant (notwithstanding anything to the contrary set forth in Section 7 hereof), the Company in any manner grants or issues Stock Equivalents Equivalents, other than as permitted by the Purchase Agreement and other than which are Outstanding Securities (or any option, warrant, right or similar security or claim exercisable into, exchangeable for, or convertible into Outstanding Securities), and the lowest price per share of Common Stock for which shares any one share of Common Stock of the Company or analogous economic rights are right is issuable upon the exercise of any such Stock Equivalent is less than the Fair Market Value at the time of the granting or issuing of such Stock Equivalent, then such shares of Common Stock will be deemed to have been issued and sold by the Company for such price per share of Common Stock. For purposes of this Paragraphparagraph, the "“lowest price per share of Common Stock for which shares any one share of Common Stock or analogous economic rights are right is issuable" ” will be equal to the sum as of the time of the grant of the lowest amounts of consideration (if any) received or receivable by the Company (whether payment for the Stock Equivalent or as payment for the exercise or conversation of the Stock Equivalent) with respect to a specific any one share of Common Stock or analogous economic right upon the exercise of the Stock Equivalent (whether by conversion, exchange or otherwise) or other similar indication of the price per share of Common Stock as of the time of granting (such as the floor value for stock appreciation rights). No further adjustment of the Exercise Shares will be made upon the actual issue of such shares of Common Stock or upon the exercise of any rights under the Stock Equivalents.

Issuance of Stock Equivalents. If the Company in any manner grants or issues Stock Equivalents and the lowest price per share of Common Stock for which shares any one share of Common Stock of the Company or analogous economic rights are right is issuable upon the exercise of any such Stock Equivalent is less than the Fair Market Value at the time of the granting or issuing of such Stock Equivalent, then such shares of Common Stock will be deemed to have been issued and sold by the Company for such price per share of Common Stock. For purposes of this Paragraphparagraph, the "“lowest price per share of Common Stock for which shares any one share of Common Stock or analogous economic rights are right is issuable" ” will be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to a specific any one (1) share of Common Stock or analogous economic right upon the exercise of the Stock Equivalent (whether by conversion, exchange or otherwise) or other similar indication of the price per share of Common Stock as of the time of granting (such as the floor value for stock appreciation rights). No further adjustment of the Exercise Shares will be made upon the actual issue of such shares of Common Stock or upon the exercise of any rights under the Stock Equivalents.

Issuance of Stock Equivalents. If the Company in any manner grants or issues Stock Equivalents as permitted by the Purchase Agreement and the lowest price per share of Common Stock for which shares any one share of Common Stock of the Company or analogous economic rights are right is issuable upon the exercise of any such Stock Equivalent is less than the Fair Market Value at the time of the granting or issuing of such Stock Equivalent, then such shares of Common Stock will be deemed to have been issued and sold by the Company for such price per share of Common Stock. For purposes of this Paragraphparagraph, the "lowest price per share of Common Stock for which shares any one share of Common Stock or analogous economic rights are right is issuable" will be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to a specific any one share of Common Stock or analogous economic right upon the exercise of the Stock Equivalent (whether by conversion, exchange or otherwise) or other similar indication of the price per share of Common Stock as of the time of granting (such as the floor value for stock appreciation rights). No further adjustment of the Exercise Shares will be made upon the actual issue of such shares of Common Stock or upon the exercise of any rights under the Stock Equivalents.