Common use of No Adjustment of Conversion Price Clause in Contracts

No Adjustment of Conversion Price. No adjustment in the Conversion Price shall be made as the result the issuance of Additional Shares of Common Stock if: (i) the consideration per share (determined pursuant to Section 7.5) for such Additional Share of Common Stock issued or deemed to be issued by the Company is equal to or greater than the Conversion Price in effect immediately prior to the issuance or deemed issuance of such Additional Shares of Common Stock, or (ii) prior to such issuance or deemed issuance, the Company receives written notice from the holders of Notes constituting a majority of the total indebtedness represented by the Notes, voting as a single class and on an as-converted to Common Stock basis, agreeing that no such adjustment shall be made as the result of the issuance or deemed issuance of such Additional Shares of Common Stock.

No Adjustment of Conversion Price. No adjustment in the Conversion Price shall be made as the result of the issuance of Additional Shares of Common Stock if: (ia) the consideration per share (determined pursuant to Section 7.5Subsection 1.2.4(e)) for such Additional Share of Common Stock issued or deemed to be issued by the Company Borrower is equal to or greater than the applicable Conversion Price in effect immediately prior to the issuance or deemed issuance of such Additional Shares of Common Stock, or (iib) prior to such issuance or deemed issuance, the Company Borrower receives written notice from the holders of Notes constituting a majority at least 75% in principal amount of the total indebtedness represented by the Notes, voting as a single class and on an as-converted to Common Stock basis, then outstanding Notes agreeing that no such adjustment shall be made as the result of the issuance or deemed issuance of such Additional Shares of Common Stock.