Common use of Treatment of Options and Convertible Securities Clause in Contracts

Treatment of Options and Convertible Securities. In case the Company at any time or from time to time after the date hereof shall issue, sell, grant or assume, or shall fix a record date for the determination of holders of any class of securities entitled to receive, any Options or Convertible Securities, then, and in each such case, the maximum number of Additional Common Shares (as set forth in the instrument relating thereto, without regard to any provisions contained therein for a subsequent adjustment of such number the purpose of which is to protect against dilution) at any time issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Common Shares issued as of the time of such issue, sale, grant or assumption or, in case such a record date shall have been fixed, as of the close of business on such record date. Notwithstanding the foregoing, this Section 7.4.4 shall not apply to (i.e., there shall not be a deemed issuance of Additional Common Shares with respect to) the issuance, sale, grant or assumption of, or fixing of a record date for determination of entitlement to receive, an Excluded Issuance. In addition:

Treatment of Options and Convertible Securities. In case the Company at any time or from time to time after the date hereof shall issue, sell, grant or assume, or shall fix a record date for the determination of holders of any class of securities entitled to receive, any Options or Convertible Securities, then, and in each such case, the maximum number of Additional Common Shares (as set forth in the instrument relating thereto, without regard to any provisions contained therein for a subsequent adjustment of such number the purpose of which is to protect against dilution) at any time issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Common Shares issued as of the time of such issue, sale, grant or assumption or, in case such a record date shall have been fixed, as of the close of business on such record date. Notwithstanding the foregoing, this Section 7.4.4 shall not apply to (i.e.I.E., there shall not be a deemed issuance of Additional Common Shares with respect to) the issuance, sale, grant or assumption of, or fixing of a record date for determination of entitlement to receive, an Excluded Issuance. In addition:

Treatment of Options and Convertible Securities. In case the Company at any time or from time to time after the date hereof shall issue, sell, grant or assume, or shall fix a record date for the determination of holders of any class of securities entitled to receive, any Options or Convertible Securities, then, and in each such case, the maximum number of Additional Common Shares (as - 11 - set forth in the instrument relating thereto, without regard to any provisions contained therein for a subsequent adjustment of such number the purpose of which is to protect against dilution) at any time issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Common Shares issued as of the time of such issue, sale, grant or assumption or, in case such a record date shall have been fixed, as of the close of business on such record date. Notwithstanding the foregoing, this Section 7.4.4 shall not apply to (i.e.I.E., there shall not be a deemed issuance of Additional Common Shares with respect to) the issuance, sale, grant or assumption of, or fixing of a record date for determination of entitlement to receive, an Excluded Issuance. In addition: