Common use of Issue of Securities Deemed Issue Clause in Contracts

Issue of Securities Deemed Issue. of Additional Shares of Common -- ------------------------------------------------------------------ Options and Convertible Securities. In the event that prior to the conversion ---------------------------------- of the entire outstanding principal of the Note, the Company shall issue any Options or Convertible Securities (as those terms are defined below) (other than Options or Convertible Securities which are not Additional Shares of Common) or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the shares of Common issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common issued as of the time of such issue or, in case such a record date shall have been fixed, as of the close of business on such record date; provided, that in any such case in which Additional Shares of Common are deemed to be issued:

Issue of Securities Deemed Issue. of Additional Shares of -------------------------------------------------------- Common -- ------------------------------------------------------------------ Options and Convertible SecuritiesStock. In the event that prior to the conversion ---------------------------------- of the entire outstanding principal of the Note, If the Company at any time or from time to time after the ------------ Original Issue Date shall issue any Options or Convertible Securities (as those terms are defined below) (other than Options or Convertible Securities which are not Additional Shares of Common) or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares of Common Stock (as set forth in the instrument relating thereto without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue or, in case such a record date shall have been fixed, as of the close of business on such record date; provided, provided that Additional Shares of Common Stock shall not be deemed to have been issued unless the consideration per share (determined pursuant to subsection 2(b)(v) hereof) of such Additional Shares of Common Stock would be less than the Purchase Price in effect on the date of and immediately prior to such issue, or such record date, as the case may be, and provided further that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Issue of Securities Deemed Issue. of Additional Shares of Common -- ------------------------------------------------------------------ Options and Convertible Securities--------------------------------------------------------------- Stock. In the event that prior to the conversion ---------------------------------- of the entire outstanding principal of the Note, If the Company at any time or from time to time after the Conversion ----- Date shall issue any Options or Convertible Securities (as those terms are defined below) (other than Options or Convertible Securities which are not Additional Shares of Common) or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares of Common Stock (as set forth in the instrument relating thereto without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue or, in case such a record date shall have been fixed, as of the close of business on such record date; provided, provided that Additional Shares of Common Stock shall not be deemed to have been issued unless the consideration per share (determined pursuant to Section 3(b)(v) hereof) of such Additional Shares of Common Stock would be less than the Purchase Price in effect on the date of and immediately prior to such issue, or such record date, as the case may be, and provided further that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Issue of Securities Deemed Issue. of Additional Shares of Common -- ------------------------------------------------------------------ Options and Convertible Securities--------------------------------------------------------------- Stock. In the event that prior to the conversion ---------------------------------- of the entire outstanding principal of the Note, If the Company at any time or from time to time after the Original Issue ----- Date shall issue any Options or Convertible Securities (as those terms are defined below) (other than Options or Convertible Securities which are not Additional Shares of Common) or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares of Common Stock (as set forth in the instrument relating thereto without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue or, in case such a record date shall have been fixed, as of the close of business on such record date; provided, provided that Additional Shares of Common Stock shall not be deemed to have been issued unless the consideration per share (determined pursuant to subsection 3(b)(v) hereof) of such Additional Shares of Common Stock would be less than the Exercise Price in effect on the date of and immediately prior to such issue, or such record date, as the case may be, and provided further that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Issue of Securities Deemed Issue. of Additional Shares of -------------------------------------------------------- Common -- ------------------------------------------------------------------ Options and Convertible SecuritiesStock. In the event that prior to the conversion ---------------------------------- of the entire outstanding principal of the Note, If the Company at any time or from time to time after the Original ------------ Issue Date shall issue any Options or Convertible Securities (as those terms are defined below) (other than Options or Convertible Securities which are not Additional Shares of Common) or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares of Common Stock (as set forth in the instrument relating thereto without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue or, in case such a record date shall have been fixed, as of the close of business on such record date; provided, provided that Additional Shares of Common Stock shall not be deemed to have been issued unless the consideration per share (determined pursuant to subsection 3(b)(v) hereof) of such Additional Shares of Common Stock would be less than the Exercise Price in effect on the date of and immediately prior to such issue, or such record date, as the case may be, and provided further that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Issue of Securities Deemed Issue. of Additional Shares of -------------------------------------------------------- Common -- ------------------------------------------------------------------ Options and Convertible SecuritiesStock. In the event that prior to the conversion ---------------------------------- of the entire outstanding principal of the Note, If the Company at any time or from time to time after the ------------ Original Issue Date shall issue any Options or Convertible Securities (as those terms are defined below) (other than Options or Convertible Securities which are not Additional Shares of Common) or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares of Common Stock (as set forth in the instrument relating thereto without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue or, in case such a record date shall have been fixed, as of the close of business on such record date; provided, provided that Additional Shares of Common Stock shall not be deemed to have been issued unless the consideration per share (determined pursuant to subsection 3(b)(v) hereof) of such Additional Shares of Common Stock would be less than the Exercise Price in effect on the date of and immediately prior to such issue, or such record date, as the case may be, and provided further that in any such case in which Additional Shares of Common Stock are deemed to be issued: