Common use of Issuance of Additional Common Stock Clause in Contracts

Issuance of Additional Common Stock. If and whenever the Company shall issue or sell any shares of its Common Stock for a consideration per share less than the Special Event Trigger Price in effect immediately prior to the time of such issuance or sale, then, upon such issuance or sale, the Special Event Trigger Price shall be adjusted to that price equal to the fraction (i) the numerator of which shall be equal to (A) (x) the Special Event Trigger Price in effect immediately prior to such event multiplied by (y) the total number of outstanding shares of Common Stock immediately prior to such event plus (B) the consideration received by the Company upon such issuance or sale, and (ii) the denominator of which shall be the total number of outstanding shares of Common Stock immediately after such event, treating as outstanding all shares of Common Stock issuable upon exchanges or exchanges of Exchangeable Securities (including any Notes held by the Holder) and exercises of Stock Purchase Rights (including any Warrants held by the Holder) provided that, no adjustment shall be made with respect to the issuance of shares of Common Stock issued (1) upon exchange or conversion of Exchangeable Securities outstanding on the date hereof, (2) in connection with the Common Stock or Exchangeable Securities issued under an Approved Company Plan, (3) pursuant to the exercise of Exchange Rights granted under the Note or upon exercise of a Warrant; or (4) as consideration in connection with arms-length transactions involving the acquisition of other companies or lines of business in the specialty finance industry.

Issuance of Additional Common Stock. If and whenever the Company ----------------------------------- shall issue or sell any shares of its Common Stock for a consideration per share less than the Special Event Trigger Warrant Exercise Price in effect immediately prior to the time of such issuance or sale, then, upon such issuance or sale, sale the Special Event Trigger Warrant Exercise Price shall be adjusted to that price equal to the fraction (i) the numerator of which shall be equal to (A) (x) the Special Event Trigger Warrant Exercise Price in effect immediately prior to such event multiplied by (y) the total number of outstanding shares of Common Stock immediately prior to such event plus (B) the consideration received ---- by the Company upon such issuance or sale, and (ii) the denominator of which shall be the total number of outstanding shares of Common Stock immediately after such event, treating as outstanding all shares of Common Stock issuable upon exchanges or exchanges of Exchangeable Securities (including any Notes held by the Holder) and exercises of Stock Purchase Rights (including any Warrants held by the Holder) provided that, no adjustment shall be made with respect to the issuance of -------- ---- shares of Common Stock issued issued (1) upon exchange or conversion of Exchangeable Securities outstanding on the date hereof, (2) in connection with the Common Stock or Exchangeable Securities issued under an Approved Company Stock Plan, (3) issued pursuant to the exercise of Exchange Rights granted under the Note or Warrant Shares issued upon the exercise of a Warrantother Warrants; or (4) as consideration in connection with arms-arms length transactions involving the acquisition of other companies or lines of business in the specialty finance industry.

Issuance of Additional Common Stock. If and whenever the Company shall issue or sell any shares of its Common Stock for a consideration per share less than the Special Event Trigger Warrant Exercise Price in effect immediately prior to the time of such issuance or sale, then, upon such issuance or sale, sale the Special Event Trigger Warrant Exercise Price shall be adjusted to that price equal to the fraction (i) the numerator of which shall be equal to (A) (x) the Special Event Trigger Warrant Exercise Price in effect immediately prior to such event multiplied by (y) the total number of outstanding shares of Common Stock immediately prior to such event plus (B) the consideration received by the Company upon such issuance or sale, and (ii) the denominator of which shall be the total number of outstanding shares of Common Stock immediately after such event, treating as outstanding all shares of Common Stock issuable upon exchanges or exchanges of Exchangeable Securities (including any Notes held by the Holder) and exercises of Stock Purchase Rights (including any Warrants held by the Holder) provided that, no adjustment shall be made with respect to the issuance of shares of Common Stock issued (1) upon exchange or conversion of Exchangeable Securities outstanding on the date hereof, (2) in connection with the Common Stock or Exchangeable Securities issued under an Approved Company Stock Plan, (3) issued pursuant to the exercise of Exchange Rights granted under the Note or Warrant Shares issued upon the exercise of a Warrantother Warrants; or (4) as consideration in connection with arms-arms length transactions involving the acquisition of other companies or lines of business in the specialty finance industry.