Common use of Rights and Convertible Securities Clause in Contracts

Rights and Convertible Securities. The consideration for which each share of Additional Stock shall be deemed to be issued upon the execution of the binding written agreement providing for the issuance or sale of any Additional Stock shall be determined by dividing (A) the total consideration, if any, received by the Company as consideration for the Additional Stock, as the case may be, plus the minimum aggregate amount of additional consideration, if any, ever payable to the Company upon the exercise of such Additional Stock, as the case may be, but without deduction of any accrued interest or dividends, any reasonable expenses paid or incurred and any reasonable underwriting commissions or concessions paid or allowed by the Company in connection with such issue or sale; by (B) the maximum number of shares of Common Stock issuable upon the exercise of such Additional Stock or attributable to such Additional Stock.