Common use of Excluded Transactions Clause in Contracts

Excluded Transactions. No adjustment shall be made to the Exercise Price that would reduce the Exercise Price below the par value per share of Common Stock. In addition, no adjustment to the Exercise Price shall be made: (i) as consideration for or to fund the acquisition by the Company of businesses and/or assets constituting a significant part of a business; (ii) in connection with a broadly marketed offering and sale of Common Stock or convertible securities for cash; (iii) upon the issuance of any shares of Common Stock or options or rights to purchase those shares or any other award that relates to or has a value derived from the value of the Common Stock or other securities of the Company, in each case issued pursuant to any present or future employee, director or consultant benefit plan or program of or assumed by the Company or any of its subsidiaries; (iv) for a change in the par value or no par value of the Common Stock; or (v) upon the issuance of any shares of Common Stock pursuant to any option, warrant, right or other security exercisable for, or exchangeable or convertible into, Common Stock that was outstanding as of the date the Warrants were first issued.