Common use of Cash and Property Clause in Contracts

Cash and Property. Such consideration shall: (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company excluding amounts paid or payable for accrued interest or accrued dividends and before deducting any reasonable discounts, commissions or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with such issuance; (2) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of such issue; and (3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (1) and (2) above.

Cash and Property. Such consideration shall: (1i) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company Corporation, excluding amounts paid or payable for accrued interest which is not exchangeable for or accrued dividends and before deducting any reasonable discounts, commissions or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with such issuanceconvertible into Additional Shares of Common Stock; (2ii) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of such issue, as determined in good faith by the Board of Directors of the Corporation; and (3iii) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company Corporation for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (1i) and (2ii) above, as determined in good faith by the Board of Directors of the Corporation.

Cash and Property. Such consideration shall: (1a) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company excluding amounts paid or payable for accrued interest or accrued dividends and before after deducting any reasonable discounts, commissions or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with respect to such issuance; (2b) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of such issue, as determined in the good faith by the Board; and (3c) in the event Additional Shares of Common Stock are issued (or, pursuant to Section 4.1, deemed to be issued) together with other shares or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (1Sections 4.3(i)(a) and (2b) above, as determined in good faith by the Board.

Cash and Property. Such consideration shall: (1i) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company excluding amounts paid or payable for accrued interest or accrued dividends and before deducting any reasonable discounts, commissions or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with respect to such issuance; (2ii) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of such issueissuance, as determined in good faith by the Board of Directors of the Company; and (3iii) in the event if Additional Shares of Common Stock are issued (or, pursuant to Section 2.5(C), deemed to be issued) together with other shares or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (1i) and (2ii) above, as determined in good faith by the Board of Directors of the Company.

Cash and Property. Such consideration shall: (1a) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company excluding amounts paid or payable for accrued interest or accrued dividends and Corporation before deducting any reasonable discounts, commissions or other expenses allowed, paid or incurred by the Company Corporation for any underwriting or otherwise in connection with such issuance; (2b) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of such issue, as determined in good faith by the Board of Directors; and (3c) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company Corporation for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (1a) and (2) above.and