Common use of No Adjustment of Exercise Price in Certain Cases Clause in Contracts

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon the issuance or sale of shares of Common Stock upon the exercise of the Warrants; or (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof; or (c) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereof; or (d) If the amount of said adjustment shall be less than 2 cents (2 cents) per Share, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 cents (2 cents) per Share.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon the issuance or sale of the Common Stock in the public offering concurrent herewith; or (b) Upon the issuance or sale of shares of Common Stock upon the exercise of the Warrants; or (bc) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof; or (c) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereof; or (d) If the amount of said adjustment shall be less than 2 cents (2 cents2(cent)) per Share, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 cents (2 cents2(cent)) per Share.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon the issuance or sale of shares of Common Stock upon the exercise of the Warrants; or (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof; or (c) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereof; or (d) If the amount of said adjustment shall be less than 2 two cents (2 cents24) per Share, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 two cents (2 cents24) per Share.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon the issuance or sale of shares of Common Stock the Warrants or the Warrant Securities issuable upon the exercise of the Warrants; or; (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company of Common Stock or Convertible Preferred Stock (or any other security convertible exercisable, or exchangeable into shares of Common Stock or Convertible Preferred Stock) upon the direct or indirect conversion, exercise, or exchange of any options, rights, warrants, or other securities or indebtedness of the Company outstanding as of the date of this Agreement or granted pursuant to any stock option plan of the exercise Company; provided, that, in the case of any all -------- such optionsstock option plans, or (ii) the issuance or sale by aggregate amount of Common Stock issued thereunder does not exceed 15% of the Company number of any shares of Common Stock pursuant then outstanding after giving effect to the conversion, exercise or exchange of any options all securities convertible, exercisable or warrants previously issued and outstanding on exchangeable for Common Stock, including the date hereofConvertible Preferred Stock then outstanding; or (c) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereof; or (d) If the amount of said adjustment shall be less than 2 ten cents (2 10 cents) per ShareWarrant Security, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 ten cents (2 10 cents) per ShareWarrant Security.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon the issuance or sale of shares of Common Stock upon the exercise of the Warrants; or (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof; or (c) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereof; or (d) If the amount of said adjustment shall be less than 2 cents (2 cents2CENTS) per Share, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 cents (2 cents2CENTS) per Share.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (ai) Upon the issuance or sale of shares of Common Stock upon the exercise of the Warrants; or (b) Upon (iA) the issuance of options or warrants to any employee, executive, officer, director, agent, advisor or consultant pursuant to the Company's employee any existing benefit, incentive, stock option or profit sharing plan in effect on of the date hereof Company or (B) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, options or warrants; or (ii) upon the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options options, warrants or warrants the conversion of preferred stock previously issued and outstanding or authorized on the initial issuance date hereofof the Warrants represented by this Certificate; or (ciii) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereof; or (d) If if the amount of said adjustment shall be less than 2 two cents (2 cents$0.02) per Share; PROVIDED, provided, howeverHOWEVER, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 two cents (2 cents$0.02) per Share.

No Adjustment of Exercise Price in Certain Cases. No Notwithstanding anything herein to the contrary, no adjustment of the Exercise Price shall be made: (a) Upon the issuance or sale of shares of Common Stock upon the exercise of Warrant or the WarrantsWarrant Shares; or (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan plans in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof; or (c) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereof; or (d) If the amount of said adjustment shall be less than 2 cents one cent (2 cents$0.01) per Share, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 cents one cent (2 cents$0.01) per Share.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon the issuance or sale of shares of Common Stock upon the exercise of the Warrants; or (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof; or (c) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereof; or (d) If the amount of said adjustment shall be less than 2 cents (2 cents$.02) per Share, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 cents (2 cents$.02) per Share.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the ------------------------------------------------- Exercise Price shall be made: (a) Upon the grant of options, or the issuance or sale of shares Common Stock, to officers, directors, employees or consultants of Common the Company, whether done directly or pursuant to any existing or future stock option, stock purchase or restricted stock plan approved by the Company's Board of Directors, including, but not limited to, the grant of options under the Data Critical Corp. 1994 Stock upon Option Plan and the exercise of the Warrants; oroutstanding and future options granted thereunder. (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company Common Stock upon conversion of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously Company's issued and outstanding on Preferred Stock (including Preferred Stock sold in the date hereof; orOffering) and the Company's outstanding Series A convertible Participating Preferred Stock. (c) Upon the issuance exercise of shares this Warrant or any other stock warrants or options issued and outstanding as of Common Stock pursuant to contractual obligations existing on the date hereof; or. (d) If the amount of said adjustment shall be less than 2 cents (2 cents) $.02 per Warrant Share, ; provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 cents (2 cents) $.02 per Warrant Share.,

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall for example be made: (a) Upon the issuance or sale of shares of Common Stock upon the exercise of the Warrants; or (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan plans in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereofwarrants; or (c) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereofobligations; or (d) If the amount of said adjustment shall be less than 2 cents (2 cents24) per Share, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 cents (2 cents24) per Share.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon the issuance or sale of this Warrant or of any Warrant Shares; (b) Upon the issuance or sale of shares of Common Stock upon the exercise of options, rights or warrants, or upon the Warrants; or (b) Upon conversion or exchange of convertible or exchangeable securities, in any case (i) where the purchase price was adjusted at the time of issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, rights or warrants, or convertible or exchangeable securities, as contemplated by Section 5.2 hereof or (ii) the issuance where such options, rights, warrants or sale by the Company of any shares of Common Stock pursuant convertible or exchangeable securities were outstanding prior to the exercise of any options or warrants previously issued and outstanding on the date hereof; or; (c) Upon the issuance or sale of shares of Common Stock pursuant resulting from the exercise or conversion of any of the Company's securities outstanding as of the date hereof or of any agreements or contract rights to contractual obligations existing on purchase shares outstanding as of the date hereof; or (d) If the amount of said adjustment shall be less than 2 cents one cent (2 cents$.01) per Shareshare, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment whichthat, together with any adjustment so carried forward, shall amount to at least 2 cents one cent (2 cents$.0l) per Shareshare.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon the issuance or sale of shares of Common Stock upon the exercise of the Warrants; or (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan plans in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof; or (c) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereof; or (d) If the amount of said adjustment shall be less than 2 ____ cents (2 cents$____) per Share, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 _____ cents (2 cents$_____) per Share.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon the issuance or sale of this Warrant or of any Warrant Shares: (b) Upon the issuance or sale of shares of Common Stock upon the exercise of options, rights or warrants, or upon the Warrants; or (b) Upon conversion or exchange of convertible or exchangeable securities, in any case (i) where the purchase price was adjusted at the time of issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, rights or warrants, or convertible or exchangeable securities, as contemplated by Section 5.2 hereof or (ii) the issuance where such options, rights, warrants or sale by the Company of any shares of Common Stock pursuant convertible or exchangeable securities were outstanding prior to the exercise of any options or warrants previously issued and outstanding on the date hereof; or; (c) Upon the issuance or sale of shares of Common Stock pursuant resulting from the exercise or conversion of any of the Company's securities outstanding as of the date hereof or of any agreements or contract rights to contractual obligations existing on purchase shares outstanding as of the date hereof; or (d) If the amount of said adjustment shall be less than 2 cents one cent (2 cents$.01) per Shareshare, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment whichthat, together with any adjustment so carried forward, shall amount to at least 2 cents one cent (2 cents$.0l) per Shareshare.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon the issuance or sale of shares of Common Stock upon the exercise of the Warrants; or (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof; or (c) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereof; or (d) If the amount of said adjustment shall be less than 2 cents (2 cents2(cent)) per Share, provided, provided however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 cents (2 cents2(cent)) per Share.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: : (a) Upon the issuance or sale of shares of Common Stock upon the exercise of the Warrants; or or (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof; or or (c) Upon the issuance of shares of Common Stock pursuant to contractual obligations existing on the date hereof; or or (d) If the amount of said adjustment shall be less than 2 cents (2 cents$.02) per Share, provided, provided however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least 2 cents (2 cents$.02) per Share.