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 in effect on the date of issuance hereof or thereafter adopted by the Board of Directors, or (ii) pursuant to Options, Warrants and conversion rights in existence on the date of issuance hereof or (iii) upon conversion of the Convertible Preferred Stock or (iv) the sale of any additional shares of Convertible Preferred Stock.

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 in effect on the date of issuance hereof or thereafter adopted by the Board of Directors, or (ii) pursuant to Optionsoptions, Warrants warrants and conversion rights in existence on the date of issuance hereof or (iii) upon conversion of the Convertible Preferred Stock or (iv) the sale of any additional shares of Convertible Preferred Stock.