Common use of Upon Issuance of Common Stock Clause in Contracts

Upon Issuance of Common Stock. If, at any time or from time to time after the Original Issue Date, the Company shall issue any shares of Common Stock, options to purchase or rights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities, other than Excluded Stock, without consideration or for consideration per share less than either (x) the Exercise Price in effect immediately prior to such issuance or (y) the Fair Market Value per share of the Common Stock immediately prior to such issuance, then such Exercise Price shall forthwith be lowered to a price equal to the price obtained by multiplying:

Upon Issuance of Common Stock. IfIf the Company shall, at any time or from time to time after the Original Issue Date, the Company shall issue any shares of Common Stock, options to purchase or rights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities, other than Excluded Stock, securities without consideration or for consideration per share less than either the greater of (x) the Exercise Price in effect immediately prior to the issuance of such issuance Common Stock or securities and (y) the Fair Market Value per share of the Common Stock immediately prior to such issuanceissuance (the greater of (x) and (y), the “Reference Price”), then such Exercise Price shall forthwith be lowered to a price equal to the price obtained by multiplying:

Upon Issuance of Common Stock. IfIf the Company shall, at any time or from time to time after the Original Issue Date and on or before the Expiration Date, the Company shall issue any shares of Common Stockcapital stock, options to purchase or rights to subscribe for Common Stockcapital stock, securities by their terms convertible into or exchangeable for Common Stockcapital stock, or options to purchase or rights to subscribe for such convertible or exchangeable securities, other than Excluded Stock, securities without consideration or for consideration per share less than either the higher of (x) $2.69 (the Exercise Price in effect immediately prior to such issuance or "Per Share Purchase Price") and (y) the Fair Market Value per share of the Common Stock immediately prior to at the time of such issuance, then such the Exercise Price shall forthwith be lowered to a price equal to the price obtained by multiplying: