Common use of Issuance of Additional Common Shares Clause in Contracts

Issuance of Additional Common Shares. In case the Company at any time or from time to time after July 17, 2001 shall issue or sell Additional Common Shares (including Additional Common Shares deemed to be issued pursuant to Section 3.3 or 3.4 but excluding Additional Common Shares purchasable upon exercise of Rights referred to in Section 3.10) without consideration or for a consideration per share less than the greater of the Purchase Price and the Current Market Price in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Purchase Price shall be reduced concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Price by a fraction (a) The numerator of which shall be the sum of (i) the number of Common Shares outstanding immediately prior to such issue or sale and (ii) the number of Common Shares which the aggregate consideration received by the Company for the total number of such Additional Common Shares so issued or sold would purchase at the greater of such Purchase Price and such Current Market Price, and (b) The denominator of which shall be the number of Common Shares outstanding immediately after such issue or sale, provided that, for the purposes of this Section 3.2.1, (x) immediately after any Additional Common Shares are deemed to have been issued pursuant to Section 3.3 or 3.4, such Additional Shares shall be deemed to be outstanding, and (y) treasury shares shall not be deemed to be outstanding.

Issuance of Additional Common Shares. In case the Company at any time or from time to time after July 17, 2001 the date hereof shall issue or sell Additional Common Shares (including Additional Common Shares deemed to be issued pursuant to Section 3.3 7(a)(iii) or 3.4 but excluding Additional Common Shares purchasable upon exercise of Rights referred to in Section 3.107(a)(iv)) without consideration or for a consideration per share less than the greater of the Purchase Price and the Current Market Price in effect immediately prior to such issue or salePrice, then, and in each such case, subject to Section 3.87(a)(ii), the Purchase such Option Share Price shall be reduced reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Option Share Price by a fraction, (aA) The the numerator of which shall be the sum of (i) the number of Common Shares outstanding immediately prior to such issue or sale and sale, plus (ii) the number of Common Shares which the aggregate consideration received by the Company for the total number of such Additional Common Shares so issued or sold would purchase at the greater of such Purchase Price and such Current Market Price, and (bB) The the denominator of which shall be the number of Common Shares outstanding immediately after such issue or sale, provided that, for the purposes of this Section 3.2.17(a)(i), (x1) immediately after any Additional Common Shares are deemed to have been issued pursuant to Section 3.3 7(a)(iii) or 3.47(a)(iv), such Additional Shares shall be deemed to be outstanding, and (y2) treasury shares shall not be deemed to be outstanding.

Issuance of Additional Common Shares. In case the Company at any time or from time to time after July 17, 2001 the date hereof shall issue or sell Additional Common Shares (including Additional Common Shares deemed to be issued pursuant to Section 3.3 8.4 or 3.4 8.5 but excluding Additional Common Shares purchasable upon exercise any outstanding Options or Convertible Securities or any outstanding stock options awarded by the board of Rights referred directors of the Company pursuant to in Section 3.10any of the Company's stock option plans) without consideration or for a consideration per share less than the greater of the Purchase Price and the Current Market Price in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Purchase such Exercise Price shall be reduced reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Purchase Exercise Price by a fraction: (a) The the numerator of which shall be the sum of (i) the number of Common Shares outstanding immediately prior to such issue or sale and plus (ii) the number of Common Shares which the aggregate consideration received by the Company for the total number of such Additional Common Shares so issued or sold would purchase at the greater of such Purchase Price and such Current Market Price, and (b) The the denominator of which shall be the number of Common Shares outstanding immediately after such issue or sale, provided that, for the purposes of this Section 3.2.1, 8.2 (x) immediately after any Additional Common Shares are deemed to have been issued pursuant to Section 3.3 8.4 or 3.48.5, such Additional Shares shall be deemed to be outstanding, and (y) treasury shares shall not be deemed to be outstanding.