Common use of Adjustment for Changes in Common Stock Clause in Contracts

Adjustment for Changes in Common Stock. In the event that at any time on or after the Issue Date or from time to time the Company shall (i) pay a dividend or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests of the Company, (ii) subdivide any of its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine any of its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable upon exercise of each Preference Warrant immediately after the happening of such event shall be adjusted to a number determined by multiplying the number of shares of Common Stock that such holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of Capital Stock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 5.01(n), the Preference Exercise Price for each Preference Warrant shall be adjusted to a number determined by dividing the Preference Exercise Price immediately prior to such event by the aforementioned fraction. An adjustment made pursuant to this Section 5.01(a) shall become effective immediately after the effective date of such event, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of the Company's capital stock.

Adjustment for Changes in Common Stock. In the event that at any time on or after the Issue Date or from time to time the Company shall (i) pay a dividend or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests of the Company, (ii) subdivide any of its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine any of its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable upon exercise of each Preference Warrant immediately after the happening of such event shall be adjusted to a number determined by multiplying the number of shares of Common Stock that such holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of Capital Stock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 5.01(n), the Preference Exercise Price for each Preference Warrant shall be adjusted to a number determined by dividing the Preference Exercise Price immediately prior to such event by the aforementioned fraction. An adjustment made pursuant to this Section 5.01(a) shall become effective immediately after the effective date of such event, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of the Company's capital stock.

Adjustment for Changes in Common Stock. In the event that (a) (i) If at any time on or after the Issue Date or from time to time the Company shall Company: (iA) pay pays a dividend or make makes a distribution on its Common Stock payable in shares of its Common Stock or other capital stock or equity interests of the Company, ; (iiB) subdivide subdivides any of its outstanding shares of Common Stock into a larger number of shares of Common Stock, ; (iiiC) combine combines any of its outstanding shares of Common Stock into a smaller number of shares of Common Stock Stock; or (D) increases or (iv) increase or decrease decreases the number of shares of Common Stock outstanding by reclassification of its Common Stock, then then (ii) the number of shares of Common Stock issuable upon exercise of each Preference Warrant immediately after the happening of such event shall will be adjusted to a number determined by by: (A) multiplying the number of shares of Common Stock that such holder Holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described in paragraphs (i)(A)-(i)(D) above (or, in the case of a dividend or distribution of Common Stock or other shares of Capital Stockthe Company's capital stock, immediately prior to the record date therefor); by (B) by a fraction, : (I) the numerator of which shall will be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and in paragraphs (i)(A)-(i)(D) above; and (II) the denominator of which shall will be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described in paragraphs (i)(A)-(i)(D) above; and subject to Section 5.01(n), the Preference . (b) The Common Stock Exercise Price for each Preference Warrant shall will be adjusted to a number determined by dividing the Preference Common Stock Exercise Price immediately prior to such event by the aforementioned fraction. fraction described in Section 11.1(a)(ii)(B). (c) An adjustment made pursuant to this Section 5.01(a) shall 11.1 will become effective immediately after the effective date of such event, retroactive to the record date therefor for such event in the case of a dividend or distribution in shares of Common Stock or other shares of the Company's capital stock.

Adjustment for Changes in Common Stock. In the event that at any time on or If, after the Issue Date or from time to time Date, the Company shall Company: -------------------------------------- (i) pay pays a dividend or make makes a distribution on shares of any class of its Common Stock payable in shares of its Common Stock or other equity interests of the Company, Stock; (ii) subdivide subdivides or splits any of its outstanding shares of any class of Common Stock into a larger greater number of shares of Common Stock, shares; (iii) combine combines any of its outstanding shares of any class of Common Stock into a smaller number of shares of Common Stock or shares; or (iv) increase or decrease issues by reclassification of any class of its Common Stock any shares of any of its Common Stock; then the Exercise Rate in effect immediately prior to such action for each Series A Warrant then outstanding shall be adjusted by multiplying the Exercise Rate in effect immediately prior to such action by a fraction (A) the numerator of which shall be the number of shares of all classes of Common Stock outstanding by reclassification immediately after such action giving pro forma effect to the exercise of its Common all Series A Warrants, all Series B Warrants and all other then outstanding Convertible Securities (other than the New Preferred Stock, then ) and (B) the denominator of which shall be the number of shares of all classes of Common Stock issuable upon outstanding immediately prior to such action or the record date applicable to such action, if any (regardless of whether the Series A Warrants then outstanding are then exercisable and giving pro forma effect to the exercise of each Preference Warrant all Series A Warrants, all Series B Warrants and all other then outstanding Convertible Securities (other than the New Preferred Stock)). The adjustment shall become effective immediately after the happening of such event shall be adjusted to a number determined by multiplying the number of shares of Common Stock that such holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, record date in the case of a dividend or distribution of Common Stock or other shares of Capital Stock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 5.01(n), the Preference Exercise Price for each Preference Warrant shall be adjusted to a number determined by dividing the Preference Exercise Price immediately prior to such event by the aforementioned fraction. An adjustment made pursuant to this Section 5.01(a) shall become effective immediately after the effective date of such event, retroactive to the record date therefor in the case of a subdivision, combination or reclassification. In the event that such dividend or distribution is not so paid or made or such subdivision, combination or reclassification is not effected, the Exercise Rate shall again be adjusted to be the Exercise Rate which would then be in effect if such record date or effective date had not been so fixed. If after an adjustment a holder of a Series A Warrant upon exercise of such Series A Warrant may receive shares of Common two or more classes of Capital Stock or other shares of the Company's capital stock, the Exercise Rate shall thereafter be subject to adjustment upon the occurrence of an action taken with respect to any such class of Capital Stock as is contemplated by this Section 12 with respect to the Common Stock, on terms comparable to those applicable to Common Stock in this Section 12.

Adjustment for Changes in Common Stock. In the event that at any time on or (i) If, after the Issue Date or from time to time Date, the Company shall (iA) pay a dividend subdivides or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests of the Company, (ii) subdivide splits any of its outstanding shares of any class or series of Common Stock into a larger greater number of shares of Common Stock, shares; (iiiB) combine combines any of its outstanding shares of any class or series of Common Stock into a smaller number of shares; or (C) issues by reclassification of any class or series of its Common Stock any shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification any of its Common Stock, ; then the number Conversion Rate in effect immediately prior to such action for each share of shares of Common Series A Preferred Stock issuable upon exercise of each Preference Warrant immediately after the happening of such event then outstanding shall be adjusted to a number determined by multiplying the number of shares of Common Stock that such holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised Conversion Rate in effect immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of Capital Stock, immediately prior to the record date therefor) such action by a fraction, fraction (x) the numerator of which shall be the total number of shares of all classes or series of Common Stock outstanding immediately after such action giving pro forma effect to the happening exercise of all then outstanding Convertible Securities (other than the events described above Series A Preferred Stock) and (y) the denominator of which shall be the total number of shares of all classes or series of Common Stock outstanding immediately prior to such action or the happening of the events described above; and subject to Section 5.01(n), the Preference Exercise Price for each Preference Warrant shall be adjusted to a number determined by dividing the Preference Exercise Price immediately prior record date applicable to such event by action, if any (giving pro forma effect to the aforementioned fractionexercise of all then outstanding Convertible Securities (other than the Series A Preferred Stock)). An The adjustment made pursuant to this Section 5.01(a) shall become effective immediately after the effective date of a subdivision, combination or reclassification. In the event that such eventsubdivision, retroactive combination or reclassification is not effected, the Conversion Rate shall again be adjusted to be the record Conversion Rate which would then be in effect if such effective date therefor in the case had not been so fixed. (ii) If, as a result of an adjustment made pursuant to this Section 6.2(b) a dividend or distribution in holder of shares Series A Preferred Stock upon conversion of such shares of Common Series A Preferred Stock may receive shares of two or other shares more classes or series of Capital Stock of the Company's capital stock, the Conversion Rate shall thereafter be subject to adjustment upon the occurrence of an action taken with respect to any such class or series of Capital Stock as is contemplated by this Section 6.2 with respect to the Common Stock, on terms comparable to those applicable to Common Stock in this Section 6.2.

Adjustment for Changes in Common Stock. In the event that (a) (i) If at any time on or after the Issue Date or from time to time the Company shall Company: (iA) pay pays a dividend or make makes a distribution on its Common Stock payable in shares of its Common Stock or other capital stock or equity interests of the Company, ; (iiB) subdivide subdivides any of its outstanding shares of Common Stock into a larger number of shares of Common Stock, ; (iiiC) combine combines any of its outstanding shares of Common Stock into a smaller number of shares of Common Stock Stock; or (D) increases or (iv) increase or decrease decreases the number of shares of Common Stock outstanding by reclassification of its Common Stock, then then (ii) the number of shares of Common Stock issuable upon exercise of each Preference Warrant immediately after the happening of such event shall will be adjusted to a number determined by by: (A) multiplying the number of shares of Common Stock that such holder Holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described in paragraphs (i)(A)- (i)(D) above (or, in the case of a dividend or distribution of Common Stock or other shares of Capital Stockthe Company's capital stock, immediately prior to the record date therefor); by (B) by a fraction, : (I) the numerator of which shall will be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and in paragraphs (i)(A)- (i)(D) above; and (II) the denominator of which shall will be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described in paragraphs (i)(A)- (i)(D) above; and subject to Section 5.01(n), the Preference . (b) The Common Stock Exercise Price for each Preference Warrant shall will be adjusted to a number determined by dividing the Preference Common Stock Exercise Price immediately prior to such event by the aforementioned fraction. fraction described in Section 11.1(a)(ii)(B). (c) An adjustment made pursuant to this Section 5.01(a) shall 11.1 will become effective immediately after the effective date of such event, retroactive to the record date therefor for such event in the case of a dividend or distribution in shares of Common Stock or other shares of the Company's capital stock.

Adjustment for Changes in Common Stock. In the event that at any time on or If, after the Issue Date or from time to time Date, the Company shall Company: -------------------------------------- (i) pay pays a dividend or make makes a distribution on shares of any class of its Common Stock payable in shares of its Common Stock or other equity interests of the Company, Stock; (ii) subdivide subdivides or splits any of its outstanding shares of any class of Common Stock into a larger greater number of shares of Common Stock, shares; (iii) combine combines any of its outstanding shares of any class of Common Stock into a smaller number of shares of Common Stock or shares; or (iv) increase or decrease issues by reclassification of any class of its Common Stock any shares of any of its Common Stock; then the Exercise Rate in effect immediately prior to such action for each Series B Warrant then outstanding shall be adjusted by multiplying the Exercise Rate in effect immediately prior to such action by a fraction (A) the numerator of which shall be the number of shares of all classes of Common Stock outstanding by reclassification immediately after such action giving pro forma effect to the exercise of its Common all Series B Warrants, all Series A Warrants and all other then outstanding Convertible Securities (other than the New Preferred Stock, then ) and (B) the denominator of which shall be the number of shares of all classes of Common Stock issuable upon outstanding immediately prior to such action or the record date applicable to such action, if any (regardless of whether the Series B Warrants then outstanding are then exercisable and giving pro forma effect to the exercise of each Preference Warrant all Series B Warrants, all Series A Warrants and all other then outstanding Convertible Securities (other than the New Preferred Stock)). The adjustment shall become effective immediately after the happening of such event shall be adjusted to a number determined by multiplying the number of shares of Common Stock that such holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, record date in the case of a dividend or distribution of Common Stock or other shares of Capital Stock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 5.01(n), the Preference Exercise Price for each Preference Warrant shall be adjusted to a number determined by dividing the Preference Exercise Price immediately prior to such event by the aforementioned fraction. An adjustment made pursuant to this Section 5.01(a) shall become effective immediately after the effective date of such event, retroactive to the record date therefor in the case of a subdivision, combination or reclassification. In the event that such dividend or distribution is not so paid or made or such subdivision, combination or reclassification is not effected, the Exercise Rate shall again be adjusted to be the Exercise Rate which would then be in effect if such record date or effective date had not been so fixed. If after an adjustment a holder of a Series B Warrant upon exercise of such Series B Warrant may receive shares of Common two or more classes of Capital Stock or other shares of the Company's capital stock, the Exercise Rate shall thereafter be subject to adjustment upon the occurrence of an action taken with respect to any such class of Capital Stock as is contemplated by this Section 12 with respect to the Common Stock, on terms comparable to those applicable to Common Stock in this Section 12.