Common use of PURCHASE OF COMMON STOCK BY THE COMPANY Clause in Contracts

PURCHASE OF COMMON STOCK BY THE COMPANY. If the Company shall, directly or indirectly through a Subsidiary or otherwise, purchase, redeem or otherwise acquire any of its Common Stock at a price per share greater than the Fair Market Value per share of Common Stock then outstanding (before giving effect to such purchase, redemption or other acquisition), then the Exercise Price upon each such purchase, redemption or acquisition shall be adjusted to that price determined by multiplying such Exercise Price by a fraction (i) the numerator of which shall be the number of shares of Common Stock outstanding immediately prior to such purchase, redemption or acquisition, minus the number of shares of Common Stock which the aggregate consideration for the total number of such shares of Common Stock so purchased, redeemed or acquired would purchase at the Market Price, and (ii) the denominator of which shall be the number of shares of Common Stock outstanding immediately after such purchase, redemption or acquisition. For the purposes of this Section 4.7, the date as of which the Fair Market Value shall be computed shall be the earlier of (x) in the event the Company shall enter into a binding agreement for the purchase, redemption or acquisition of any Common Stock, the date on which all material conditions to such purchase, redemption or acquisition shall have been waived or substantially satisfied or (y) the date of actual purchase, redemption or acquisition of such Common Stock. For the purposes of this Section 4.7, a purchase, redemption or acquisition of a Common Stock Equivalent shall be deemed to be a purchase of the underlying Common Stock (it being understood that, if any Common Stock Equivalent also evidences another obligation of the Company (such as indebtedness for borrowed money) the Fair Market Value of the consideration given by the Company to purchase, redeem or acquire such Common Stock Equivalent shall be allocated in good faith by the Board of Directors of the Company to the satisfaction of such obligation and the purchase, redemption or acquisition of the underlying Common Stock), and the computation herein required shall be made on the basis of the full exercise, conversion or exchange of such Common Stock Equivalent on the date as of which such computation is required hereby to be made even if such Common Stock Equivalent is not exercisable, convertible or exchangeable on such date.

PURCHASE OF COMMON STOCK BY THE COMPANY. If the Company shall, at any time while this Warrant is outstanding shall directly or indirectly through a Subsidiary or otherwise, purchase, redeem or otherwise acquire any shares of its Common Stock at a price per share greater than the Fair Market Value per share of Common Stock then outstanding (before giving effect to such purchase, redemption or other acquisition)in effect, then the Exercise Price upon each such purchase, redemption or acquisition shall be adjusted to that price determined by multiplying such Exercise Price by a fraction fraction, (i) the numerator of which shall be the number of shares of Common Stock outstanding immediately prior to such purchase, redemption or acquisition, acquisition minus the number of shares of Common Stock which the aggregate consideration for the total number of such shares of Common Stock so purchased, redeemed or acquired would purchase at the Fair Market Price, Value then in effect; and (ii) the denominator of which shall be the number of shares of Common Stock outstanding immediately after such purchase, redemption or acquisition. For the purposes of this Section 4.76.2(d), the date as of which the Fair Market Value shall be computed shall be the earlier of (x) in the event the Company shall enter into a binding agreement for the purchase, redemption or acquisition of any Common Stock, the date on which all material conditions to such purchase, redemption or acquisition shall have been waived or substantially satisfied or (y) the date of actual purchase, redemption or acquisition of such Common Stock. For the purposes of this Section 4.7, 6.2(d) a purchase, redemption or acquisition of a Common Stock Equivalent Convertible Security shall be deemed to be a purchase of the underlying Common Stock (it being understood that, if any Common Stock Equivalent also evidences another obligation of the Company (such as indebtedness for borrowed money) the Fair Market Value of the consideration given by the Company to purchase, redeem or acquire such Common Stock Equivalent shall be allocated in good faith by the Board of Directors of the Company to the satisfaction of such obligation and the purchase, redemption or acquisition of the underlying Common Stock), and the computation herein required shall be made on the basis of the full exercise, conversion or exchange of such Common Stock Equivalent Convertible Security on the date as of which such computation is required hereby to be made even if made, whether or not such Common Stock Equivalent Convertible Security is not actually exercisable, convertible or exchangeable on such date.

PURCHASE OF COMMON STOCK BY THE COMPANY. If the Company at any time while this Warrant is outstanding shall, directly or indirectly through a Subsidiary subsidiary or otherwise, purchase, redeem or otherwise acquire any shares of its Common Stock from an Affiliate at a price per share greater than the Fair Market Value current market price per share of Common Stock then outstanding (before giving effect to such purchase, redemption or other acquisition)in effect, then the Exercise Warrant Price upon each such purchase, redemption or acquisition shall be adjusted to that price determined by multiplying such Exercise Warrant Price by a fraction (i) the numerator of which shall be the number of shares of Common Stock outstanding immediately prior to such purchase, redemption or acquisition, acquisition minus the number of shares of Common Stock which the aggregate consideration for the total number of such shares of Common Stock so purchased, redeemed or acquired would purchase at the Market Price, current market price; and (ii) the denominator of which shall be the number of shares of Common Stock outstanding immediately after such purchase, redemption or acquisition. For the purposes of this Section 4.7subparagraph (e), the date as of which the Fair Market Value current market price shall be computed shall be the earlier of (x) in the event date on which the Company shall enter into a binding agreement firm contract for the purchase, redemption or acquisition of any such Common Stock, the date on which all material conditions to such purchase, redemption or acquisition shall have been waived or substantially satisfied or (y) the date of actual purchase, redemption or acquisition of such Common Stock. For the purposes of this Section 4.7subparagraph (e), a purchase, redemption or acquisition of a Common Stock Equivalent Right shall be deemed to be a purchase of the underlying Common Stock (it being understood that, if any Common Stock Equivalent also evidences another obligation of the Company (such as indebtedness for borrowed money) the Fair Market Value of the consideration given by the Company to purchase, redeem or acquire such Common Stock Equivalent shall be allocated in good faith by the Board of Directors of the Company to the satisfaction of such obligation and the purchase, redemption or acquisition of the underlying Common Stock), and the computation herein required shall be made on the basis of the full exercise, conversion or exchange of such Common Stock Equivalent Right on the date as of which such computation is required hereby to be made even if made, whether or not such Common Stock Equivalent Right is not actually exercisable, convertible or exchangeable on such date.

PURCHASE OF COMMON STOCK BY THE COMPANY. If the Company at any time while this Warrant is outstanding shall, directly or indirectly through a Subsidiary subsidiary or otherwise, purchase, redeem or otherwise acquire any shares of its Common Stock at a price per share greater than the Fair Current Market Value per share of Common Stock Price then outstanding (before giving effect to such purchase, redemption or other acquisition)in effect, then the Exercise Purchase Price upon each such purchase, redemption or acquisition shall be adjusted to that price determined by multiplying such Exercise Purchase Price by a fraction (i) the numerator of which shall be the number of shares of Common Stock outstanding immediately prior to such purchase, redemption or acquisition, acquisition minus the number of shares of Common Stock which the aggregate gross consideration for the total number of such shares of Common Stock so purchased, redeemed or acquired would purchase at the Current Market Price, ; and (ii) the denominator of which shall be the number of shares of Common Stock outstanding immediately after such purchase, redemption or acquisition. For the purposes of this Section 4.73.11, the date as of which the Fair Current Market Value Price shall be computed shall be the earlier of (x) in the event date on which the Company shall enter into a binding agreement firm contract for the purchase, redemption or acquisition of any such Common Stock, the date on which all material conditions to such purchase, redemption or acquisition shall have been waived or substantially satisfied or (y) the date of actual purchase, redemption or acquisition of such Common Stock. For the purposes of this Section 4.73.11, a purchase, redemption or acquisition of a Common Stock Equivalent Option shall be deemed to be a purchase of the underlying Common Stock (it being understood that, if any Common Stock Equivalent also evidences another obligation of the Company (such as indebtedness for borrowed money) the Fair Market Value of the consideration given by the Company to purchase, redeem or acquire such Common Stock Equivalent shall be allocated in good faith by the Board of Directors of the Company to the satisfaction of such obligation and the purchase, redemption or acquisition of the underlying Common Stock), and the computation herein required shall be made on the basis of the full exercise, conversion or exchange of such Common Stock Equivalent Option on the date as of which such computation is required hereby to be made even if made, whether or not such Common Stock Equivalent Option is not actually exercisable, convertible or exchangeable on such date.