Common use of No Adjustment for Exercise of Certain Options, Warrants, Etc Clause in Contracts

No Adjustment for Exercise of Certain Options, Warrants, Etc. The provisions of this Section 3 shall not apply to any Common Stock issued, issuable or deemed outstanding under subparagraphs 3.1(1) to (9) inclusive: (i) to any person pursuant to any stock option, stock purchase or similar plan or arrangement for the benefit of employees, consultants or directors of the Company or its subsidiaries or (ii) pursuant to options, warrants and conversion rights in existence on the date of issuance hereof.

No Adjustment for Exercise of Certain Options, Warrants, Etc. The provisions of this Section 3 shall not apply to any Common Stock issued, issuable or deemed outstanding under subparagraphs 3.1(1) to (97) inclusive: (i) inclusive to any person pursuant to any stock option, stock purchase or similar plan or arrangement for the benefit of employees, consultants or directors of the Company or its subsidiaries or (ii) pursuant to options, warrants and conversion rights in existence on the date of issuance hereofsubsidiaries.