Common use of Options, Rights, Warrants and Convertible and Exchangeable Securities Clause in Contracts

Options, Rights, Warrants and Convertible and Exchangeable Securities. Except in the case of the Company issuing rights to subscribe for shares of Common Stock distributed pursuant to Section 9(h) hereof, if the Company shall at any time after the Closing Date issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, in each case other than the issuances or sales referred to in section 9 (f) hereof, (i) for a consideration per share less than the lesser of (a) the Warrant Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, and (b) the Market Price on the trading day immediately preceding such issuance, or (ii) without consideration, the Warrant Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 9(a) hereof; provided that:

Options, Rights, Warrants and Convertible and Exchangeable Securities. Except in the case of the Company issuing rights to subscribe for shares of Common Stock distributed to all the stockholders of the Company and Holders of Underwriter's Warrants pursuant to Section 9(h8(i) hereof, if the Company shall at any time after the Closing Date date hereof issue options, rights or warrants to subscribe for purchase shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, in each case Stock (other than the issuances or sales referred to in section 9 (fSection 8(g) hereof), (i) for a consideration per share less than the lesser greater of (a) 85% of the Warrant Purchase Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, and securities or (b) 85% of the Market Price on the trading day immediately preceding such issuancePrice, or (ii) without consideration, the Warrant Purchase Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 9(a) hereof; provided that:making

Options, Rights, Warrants and Convertible and Exchangeable Securities. Except in the case of the Company issuing rights to subscribe for shares of Common Stock distributed pursuant to Section 9(h) hereof, if the Company shall at any time after the Closing Date issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, in each case other than the issuances or sales referred to in section 9 (f) hereof, (i) for a consideration per share less than the lesser of (a) the Warrant Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, and or (b) the Market Price on the trading day immediately preceding such issuance, or (ii) without consideration, the Warrant Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 9(a) hereof; provided that:

Options, Rights, Warrants and Convertible and Exchangeable Securities. Except in the case of the Company issuing rights to subscribe for shares of Common Stock distributed pursuant to Section 9(h) hereof, if the Company shall at any time after the Closing Date issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, in each case other than the issuances or sales referred to in section Section 9 (f) hereof, (i) for a consideration per share less than the lesser of (aA) the Warrant Exercise Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, and or (bB) the Market Price on the trading day immediately preceding such issuance, or (ii) without consideration, the Warrant Exercise Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 9(a) hereof; provided that:

Options, Rights, Warrants and Convertible and Exchangeable Securities. Except in the case of the Company issuing rights to subscribe for shares of Common Stock distributed pursuant to Section 9(h11(i) hereof, if the Company shall at any time after the Closing Date date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, in each case other than the issuances or sales referred to in section 9 (fSection 11(f) hereof, (i) for a consideration per share less than the lesser of (a) the Warrant Exercise Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, and or (b) the Market Price on determined as of the trading day immediately preceding such issuance, or (ii) without consideration, the Warrant Exercise Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 9(a11(a) hereof; , provided that: