Common use of Share Issuances Clause in Contracts

Share Issuances. Subject to the provisions of this Section 3.6, if the Parent shall at any time prior to the conversion or repayment in full of the Principal Amount issue any shares of Common Stock or securities convertible into Common Stock to a person other than the Holder (except (i) pursuant to Sections 3.6(a) or (b) above; (ii) pursuant to options, warrants, or other obligations to issue shares outstanding on the date hereof as disclosed to the Holder in writing; (iii) pursuant to options that may be issued under any employee incentive stock option and/or any qualified stock option plan adopted by the Parent; (iv) pursuant to warrants issued to key employees as part of incentive programs and (v) warrants or options issued by the Parent in connection with acquisitions [of wholly-owned Subsidiaries] in which neither the Parent nor any of its Subsidiaries receives any cash consideration) for a consideration per share (the "Offer Price") less than the Fixed Conversion Price in effect at the time of such issuance, then the Fixed Conversion Price shall be immediately reset to such lower Offer Price. For purposes hereof, the issuance of any security of the Parent convertible into or exercisable or exchangeable for Common Stock shall result in an adjustment to the Fixed Conversion Price upon the issuance of such securities.

Share Issuances. Subject to the provisions of this Section 3.6, if the Parent Company shall at any time prior to the conversion or repayment in full of the Principal Amount issue any shares of Common Stock or securities convertible into Common Stock to a person Person other than the Holder or its permitted assigns (except (i) pursuant to Sections 3.6(a) or (b) above; (ii) pursuant to options, warrants, or other obligations to issue shares outstanding on the date hereof as disclosed to the Holder in writing; (iii) pursuant to options that may be issued under any employee incentive stock option and/or any qualified stock option plan adopted by the Parent; Company), (iv) pursuant to warrants issued to key employees of the Company as part of incentive programs and (v) warrants or options issued by the Parent Company in connection with acquisitions [of wholly-owned Subsidiaries] Subsidiaries in which neither the Parent Company nor any of its Subsidiaries receives any cash consideration) for a consideration per share (the "Offer PriceOFFER PRICE") less than the Fixed Conversion Price in effect at the time of such issuance, then the Fixed Conversion Price shall be immediately reset to such lower Offer Price. For purposes hereof, the issuance of any security of the Parent Company convertible into or exercisable or exchangeable for Common Stock shall result in an adjustment to the Fixed Conversion Price upon the issuance of such securities.

Share Issuances. Subject to the provisions of this Section 3.6, if the Parent Borrower shall at any time prior to the conversion or repayment in full of the Principal Amount issue any shares of Common Stock or securities convertible into Common Stock to a person other than the Holder (except otherwise than (i) pursuant to Sections 3.6(a) Subsections A or (b) aboveB above or this subsection C; (ii) pursuant to options, warrants, or other obligations to issue shares outstanding on the date hereof as disclosed to the Holder in writing; (iii) pursuant to options that may be issued under any employee incentive stock option and/or any qualified stock option plan adopted by the Parent; (iv) pursuant to warrants issued to key employees as part of incentive programs and (v) warrants or options issued by the Parent in connection with acquisitions [of wholly-owned Subsidiaries] in which neither the Parent nor any of its Subsidiaries receives any cash consideration) Borrower for a consideration per share (the "Offer PriceOFFER PRICE") less than the Fixed Conversion Price in effect at the time of such issuance, then the Fixed Conversion Price shall be immediately reset to such lower Offer Price; or (iv) pursuant to any agreement entered into by the Company or any of its subsidiaries for the acquisition of another business (whether by stock purchase or asset purchase, merger or otherwise; or (v) for services rendered by consultants; ((i), (ii), (iii) (iv) and (v) above, are hereinafter referred to as the "EXCLUDED ISSUANCES")). For purposes hereof, the issuance of any security of the Parent Borrower convertible into or exercisable or exchangeable for Common Stock shall result in an adjustment to the Fixed Conversion Price only upon the issuance conversion, exercise or exchange of such securities.

Share Issuances. Subject to the provisions of this Section 3.6, if the Parent Company shall at any time prior to the conversion or repayment in full of the Principal Amount issue any shares of Common Stock or securities convertible into Common Stock to a person Person other than the Holder or its permitted assigns (except (i) pursuant to Sections 3.6(a) or (b) above; (ii) pursuant to options, warrants, or other obligations to issue shares outstanding on the date hereof as disclosed to the Holder in writing; (iii) pursuant to options that may be issued under any employee incentive stock option and/or any qualified stock option plan adopted by the Parent; Company), (iv) pursuant to warrants issued to key employees of the Company as part of incentive programs and (v) warrants or options issued by the Parent Company in connection with acquisitions [of wholly-owned Subsidiaries] Subsidiaries in which neither the Parent Company nor any of its Subsidiaries receives any cash consideration) for a consideration per share (the "Offer Price") less than the Fixed Conversion Price in effect at the time of such issuance, then the Fixed Conversion Price shall be immediately reset to such lower Offer Price. For purposes hereof, the issuance of any security of the Parent Company convertible into or exercisable or exchangeable for Common Stock shall result in an adjustment to the Fixed Conversion Price upon the issuance of such securities.