Common use of Voluntary Decrease Clause in Contracts

Voluntary Decrease. The Company from time to time may (but is not required to) decrease the Conversion Price, as permitted by law, by any amount at any time for at least twenty (20) Business Days, so long as the decrease is irrevocable during such period. In addition, the Company may also (but is not required to) decrease the Conversion Price to avoid or diminish any income Tax to holders of Common Stock or rights to purchase Common Stock in connection with any dividend or distribution of shares (or rights to acquire shares) or similar event. Whenever the Conversion Price is decreased, the Company shall mail to the Purchasers a notice of the decrease. The Company shall mail the notice at least fifteen (15) days before the date the decreased Conversion Price takes effect. The notice shall state the decreased Conversion Price and the period it will be in effect. A voluntary decrease of the Conversion Price does not change or adjust the Conversion Price otherwise in effect for purposes of Sections 13.4 through 13.8.

Voluntary Decrease. The Company from time to time may (but is not required to) decrease the Conversion Price, as permitted by law, by any amount at any time for at least twenty (20) Business Days, so long as the decrease is irrevocable during such period. In addition, the Company may also (but is not required to) decrease the Conversion Price to avoid or diminish any income Tax to holders of Common Stock or rights to purchase Common Stock in connection with any dividend or distribution of shares (or rights to acquire shares) or similar event. Whenever the Conversion Price is decreased, the Company shall mail to the Purchasers a notice of the decrease. The Company shall mail the notice at least fifteen (15) days before the date the decreased Conversion Price takes effect. The notice shall state the decreased Conversion Price and the period it will be in effect. A voluntary decrease of the Conversion Price does not change or adjust the Conversion Price otherwise in effect for purposes of Sections 13.4 through 13.813.9.