Common use of ADJUSTMENT FOR ALL CASH DISTRIBUTION Clause in Contracts

ADJUSTMENT FOR ALL CASH DISTRIBUTION. Subject to the last paragraph of this Section 11.09, if the Company shall pay or make a dividend or other distribution consisting exclusively of cash to all holders of its Common Stock, the Conversion Price shall be reduced in accordance with the following formula: AC = CC x M – C M where: AC = the adjusted Conversion Price. CC = the Conversion Price in effect immediately prior to the close of business on the Record Date (as defined in this Section 11.09). 45 M = the Current Market Price per share of Common Stock on the Record Date (as defined in this Section 11.09). C = the amount of cash so distributed and not excluded applicable to one share of Common Stock. The adjustment shall become effective immediately after the record date for the determination of stockholders entitled to receive such distribution (for purposes of this Section 11.09 only, the “Record Date”). No adjustment will be made in the event that the amount of cash so distributed applicable to one share of Common Stock is equal to or greater than the Current Market Price per share of the Common Stock, in which case, in lieu of such adjustment, adequate provision shall be made so that each Securityholder shall have the right to receive upon conversion the amount of cash such Holder would have received had such Holder converted each Security immediately prior to the record date for the distribution of the cash.

ADJUSTMENT FOR ALL CASH DISTRIBUTION. Subject to the last paragraph two paragraphs of this Section 11.09, if the Company shall pay or make a dividend or other distribution consisting exclusively of cash to all holders of its Common StockOrdinary Shares, the Conversion Price shall be reduced in accordance with the following formula: AC = CC x M – C M where: AC = the adjusted Conversion Price. CC = the Conversion Price in effect immediately prior to the 57 CC = close of business on the Record Date (as defined in this Section 11.09). 45 M = the Current Market Price current market price per share of Common Stock Ordinary Shares on the Record Date (as defined in this Section 11.09). C = the amount of cash so distributed and not excluded applicable to one share of Common StockOrdinary Shares. The adjustment shall become effective immediately after the record date for the determination of stockholders entitled to receive such distribution (for purposes of this Section 11.09 only, the “Record Date”). No adjustment will be made in the event that the amount of cash so distributed applicable to one share of Common Stock f Ordinary Shares is equal to or greater than the Current Market Price current market price per share of the Common StockOrdinary Shares, in which case, in lieu of such adjustment, adequate provision shall be made so that each Securityholder shall have the right to receive upon conversion the amount of cash such Holder would have received had such Holder converted each Security immediately prior to the record date for the distribution of the cash.

ADJUSTMENT FOR ALL CASH DISTRIBUTION. Subject to the last paragraph of this Section 11.09, if the Company shall pay or make a dividend or other distribution consisting exclusively of cash to all holders of its Common Stock, the Conversion Price shall be reduced in accordance with the following formula: AC = CC x M – C M where: AC = the adjusted Conversion Price. CC = the Conversion Price in effect immediately prior to the close of business on the Record Date (as defined in this Section 11.09). 45 M = the Current Market Price per share of Common Stock on the Record Date (as defined in this Section 11.09). C = the amount of cash so distributed and not excluded applicable to one share of Common Stock. The adjustment shall become effective immediately after the record date for the determination of stockholders entitled to receive such distribution (for purposes of this Section 11.09 only, the “Record Date”). No adjustment will be made in the event that the amount of cash so distributed applicable to one share of Common Stock is equal to or greater than the Current Market Price per share of the Common Stock, in which case, in lieu of such adjustment, adequate provision shall be made so that each Securityholder shall have the right to receive upon conversion the amount of cash such Holder would have received had such Holder converted each Security immediately prior to the record date for the distribution of the cash.

ADJUSTMENT FOR ALL CASH DISTRIBUTION. Subject to the last paragraph of this Section 11.09, if the Company shall pay or make a dividend or other distribution consisting exclusively of cash to all holders of its Common Stock, the Conversion Price shall be reduced in accordance with the following formula: AC = CC x M – - C M where: AC = the adjusted Conversion Price. CC = the Conversion Price in effect immediately prior to the close of business on the Record Date (as defined in this Section 11.09). 45 M = the Current Market Price per share of Common Stock on the Record Date (as defined in this Section 11.09). C = the amount of cash so distributed and not excluded applicable to one share of Common Stock. The adjustment shall become effective immediately after the record date for the determination of stockholders entitled to receive such distribution (for purposes of this Section 11.09 only, the “Record Date”). No adjustment will be made in the event that the amount of cash so distributed applicable to one share of Common Stock is equal to or greater than the Current Market Price per share of the Common Stock, in which case, in lieu of such adjustment, adequate provision shall be made so that each Securityholder shall have the right to receive upon conversion the amount of cash such Holder would have received had such Holder converted each Security immediately prior to the record date for the distribution of the cash.