Additional Shares of Common Stock Clause Samples

Additional Shares of Common Stock at a price per share less than the then-applicable Exercise Price or without consideration, then the Exercise Price upon each such issuance shall be reduced to that price (rounded to the nearest cent) determined by multiplying the Exercise Price by a fraction: (1) the numerator of which shall be equal to the sum of (A) the number of shares of Outstanding Common Stock, as hereinafter defined, 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 outstanding Exercise Price in effect immediately prior to such issuance; and (2) the denominator of which shall be equal to the number of shares of Outstanding Common Stock immediately after the issuance of such Additional Shares of Common Stock. No adjustment of the Exercise Price shall be made upon the issuance of any Additional Shares of Common Stock which are issued pursuant to the exercise of any warrants or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any Common Stock Equivalents, if any such adjustment shall previously have been made upon the issuance of such warrants or other rights or upon the issuance of such Common Stock Equivalents (or upon the issuance of any warrant or other rights therefore). For purposes of this Warrant, "Outstanding Common Stock" means, at any given time, the aggregate amount of outstanding shares of Common Stock, assuming full exercise, conversion or exchange (as applicable) of all Common Stock Equivalents that are outstanding at such time.

Additional Shares of Common Stock. All shares (including treasury --------------------------------- shares) of Common Stock issued or sold (or, pursuant to Section 2.3 or 2.4, deemed to be issued) by the Company after the date hereof, whether or not subsequently reacquired or retired by the Company, other than

Additional Shares of Common Stock. This Agreement applies to all shares of Common Stock now owned by the Shareholders. Each Shareholder represents and warrants that the number of Shares set forth opposite his name on the signature pages of this Agreement represent all the shares of Common Stock owned by him on the date hereof. In the event that any additional Common Stock of the Corporation is acquired by the Shareholders after the execution hereof (the "Additional Shares"), then, in such case, upon receiving the Additional Shares, the Shareholders shall promptly surrender same to the Voting Trustee and the Voting Trustee shall hold such Additional Shares likewise subject to the terms of this Agreement (in accordance with the provisions of Sections 1 and 2 hereof).

Additional Shares of Common Stock. Additional Shares of Common Stock" shall mean all shares of Common Stock issued or deemed to be issued or issuable by the Company, whether or not subsequently reacquired or retired by the Company, other than (i) shares of Common Stock issued upon the conversion of the Notes, (ii) shares of Common Stock issued in connection with any stock split, stock dividend or recapitalization of the Company, (iii) shares of Common Stock issuable upon exercise of the Common Stock Warrants, (iv) shares of Common Stock issuable upon the exercise of stock options or other awards made or denominated in shares of Common Stock under the Company's 2005 Stock Incentive Plan or any of the Company's other stock plans including any stock option, stock purchase, restricted stock or similar plan hereafter adopted by the Board and, if required by applicable Law or stock exchange requirement, approved by the stockholders of the Company, (v) up to 1,500,000 shares of Common Stock issuable to unions and employees of Hawaiian, in transactions approved by the Board, and (vi) up to 1,514,000 shares of Common Stock issuable upon the exercise of stock options or other awards previously granted to members of management of the Company and/or Hawaiian, in transactions approved by the Board.

Additional Shares of Common Stock all shares of Common Stock issued by the Company after the date of this Agreement other than Underlying Common Stock issued upon exercise of the Warrants issued hereunder or any other warrants previously issued by the Company to the Initial Holder. Affiliate: as to any Person, any other Person directly or indirectly controlling or controlled by or under direct or indirect common control of such Person. For purposes of this definition, “control” when used with respect to any Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise, and the terms “controlling” and “controlled” have meanings correlative to the foregoing. Agreement: the Agreement identified in the preamble to this Agreement as amended.

Additional Shares of Common Stock. In connection with a conversion of any Debenture in the aggregate principal amount of $50,000 or greater effected pursuant to the terms of this Paragraph 5, if the Conversion Date Market Price shall be equal to or greater than $4.00 (the "Minimum Additional Share Price"), subject to adjustment from time to time as set forth in Paragraph 7 hereof, then, in addition to and not in lieu of the shares of Common Stock issuable by reason of any Conversion Notice given by the Holder on such Holder Conversion Date or by reason of automatic conversion pursuant to Paragraph 5(a)(ii), such Holder may, by written notice to the Company on the Holder Conversion Date, purchase from the 8 - 8 - Company, at a price per share equal to the Conversion Date Market Price, up to one (1) share of Common Stock (each an "Additional Share" and, collectively, with all such other shares so purchased and sold hereunder, "Additional Shares") for each share of Common Stock issuable to such holder by reason of any Conversion Notice given by the Holder on such Holder Conversion Date or by reason of automatic conversion pursuant to Paragraph 5(a)(ii), and failure to exercise the right to purchase Additional Shares on the Holder Conversion Date shall result in forfeiture of such right. The total price for such Additional Shares so to be issued incident to such a Conversion Notice or automatic conversion shall be paid by such Holder by wire transfer of immediately available federal funds to such account as the Company shall specify in writing to such Holder, and upon receipt of such payment, the Company shall promptly and in no event later than two (2) days issue the certificate or certificates therefor pursuant to this Paragraph 5 hereof.

Additional Shares of Common Stock. As used in this sec.5, the term "Additional Shares of Common Stock" shall mean all shares of Common Stock issued or deemed (as provided by the terms and provisions of this sec.5) to be issued by the Corporation after the Original Issue Date, other than shares of Common Stock issued or issuable at any time: (i) upon conversion of the Class B Preferred Stock authorized herein; or (ii) out of those 2,000,000 shares of Common Stock reserved for issuance to employees pursuant to stock option plans an(1 restricted stock award plans approved by the Board of Directors of the

Additional Shares of Common Stock. The Company hereby agrees to issue ▇▇. ▇▇▇▇▇▇▇▇▇▇ 50,000 shares of Common Stock.

Additional Shares of Common Stock. “Additional Shares of Common Stock” shall mean all shares of Common Stock issued by the Company or deemed to be issued pursuant to this Section K, other than “Excluded Securities.” “Excluded Securities” shall mean: