Common use of Subsequent Common Stock and Common Stock Equivalents Issues Clause in Contracts

Subsequent Common Stock and Common Stock Equivalents Issues. In the event the Issuer, shall, at any time after the Full Ratchet Period, issue or sell any options or warrants not covered by 4(d)(B) hereof as part of a capital raise or other financing activity (other than up to 5% Warrant Coverage as part of a non-convertible loan or lease transaction with a bank or other financial institution, provided that the exercise price of these warrants is not less than the fair market value (at the time of issuance of the warrant) of such shares of capital stock), with an Exercise Price less than the Warrant Price, or without consideration, the Warrant Price then in effect upon each such issuance shall be adjusted to that price (rounded to the nearest cent) determined by multiplying the Warrant Price by a fraction: (1) the numerator of which shall be equal to the sum of (A) the number of shares of Common Stock outstanding immediately prior to the issuance of such Additional Shares of Common Stock plus (B) the number of shares of Common Stock (rounded to the nearest whole share) which the aggregate consideration for the total number of such Additional Shares of Common Stock so issued would purchase at a price per share equal to the then Warrant Price; and (2) the denominator of which shall be equal to the number of shares of Common Stock outstanding immediately after the issuance of such Additional Shares of Common Stock. No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon exercise of such options or warrants.” is hereby amended and restated to read in its entirety as follows: “[intentionally omitted].”