Common use of Adjustment for Issue Clause in Contracts

Adjustment for Issue. or Sale of Common Shares at Less than Specified Prices. Except as provided in Sections 6.3 or 6.5 below, if and whenever on or after the date hereof the Company shall issue or sell, or shall in accordance with subparagraphs 6.1(a)(1) to (8), inclusive, be deemed to have issued or sold (such issuance or sale, whether actual or deemed, a "Triggering Transaction") any Common Shares for a consideration per share less than (I) (if the Common Shares are not traded on the New York Stock Exchange, the American Stock Exchange or the Nasdaq National Market) U.S. $6.75 then forthwith upon such issue or sale the Warrant Price shall, subject to subparagraphs (1) to (8) of this Section 6.1(a), be reduced to the Warrant Price (calculated to the nearest tenth of a cent) determined by dividing: (i) an amount equal to the sum of (x) the product derived by multiplying the Number of Common Shares Deemed Outstanding immediately prior to such Triggering Transaction by the Warrant Price then in effect, plus (y) the consideration, if any, received by the Company upon consummation of such Triggering Transaction, by (ii) an amount equal to the sum of (x) the Number of Common Shares Deemed Outstanding immediately prior to such Triggering Transaction plus (y) the number of shares of Common Stock issued (or deemed to be issued in accordance with subparagraphs 6.1(a)(1) to (8)) in connection with the Triggering Transaction; or (II) (if the Common Shares are traded on the New York Stock Exchange, the American Stock Exchange or the Nasdaq National Market) the average Market Price for the ten trading days immediately preceding such issuance or sale, then forthwith upon such Triggering Transaction, the Warrant Price shall, subject to subparagraphs (1) to (8) of this Section 6.1(a), be reduced to the Warrant Price (calculated to the nearest tenth of a cent) determined by multiplying the Warrant Price in effect immediately prior to the time of such Triggering Transaction by a fraction, the numerator of which shall be the sum of (x) the Number of Common Shares Deemed Outstanding immediately prior to such Triggering Transaction and (y) the number of Common Shares which the aggregate consideration received by the Company upon such Triggering Transaction would purchase at the average Market Price for the ten trading days immediately preceding such Triggering Transaction, and the denominator of which shall be the Number of Common Shares Deemed Outstanding immediately after such Triggering Transaction.

Adjustment for Issue. or Sale of Common Shares at Less than Specified Prices. Except as provided in Sections 6.3 or 6.5 below, if and whenever on or after the date of issuance hereof the Company shall issue or sell, or shall in accordance with subparagraphs 6.1(a)(1) to (8), inclusive, be deemed to have issued or sold (such issuance or sale, whether actual or deemed, a "Triggering Transaction") any Common Shares for a consideration per share less than (I) (if the Common Shares are not traded on the New York Stock Exchange, the American Stock Exchange or the Nasdaq National Market) U.S. $6.75 1.35 then forthwith upon such issue or sale the Warrant Price shall, subject to subparagraphs (1) to (8) of this Section 6.1(a), be reduced to the Warrant Price (calculated to the nearest tenth of a cent) determined by dividing: (i) an amount equal to the sum of (x) the product derived by multiplying the Number of Common Shares Deemed Outstanding immediately prior to such Triggering Transaction by the Warrant Price then in effect, plus (y) the consideration, if any, received by the Company upon consummation of such Triggering Transaction, by (ii) an amount equal to the sum of (x) the Number of Common Shares Deemed Outstanding immediately prior to such Triggering Transaction plus (y) the number of shares of Common Stock issued (or deemed to be issued in accordance with subparagraphs 6.1(a)(1) to (8)) in connection with the Triggering Transaction; or (II) (if the Common Shares are traded on the New York Stock Exchange, the American Stock Exchange or the Nasdaq National Market) the average Market Price for the ten trading days immediately preceding such issuance or sale, then forthwith upon such Triggering Transaction, the Warrant Price shall, subject to subparagraphs (1) to (8) of this Section 6.1(a), be reduced to the Warrant Price (calculated to the nearest tenth of a cent) determined by multiplying the Warrant Price in effect immediately prior to the time of such Triggering Transaction by a fraction, the numerator of which shall be the sum of (x) the Number of Common Shares Deemed Outstanding immediately prior to such Triggering Transaction and (y) the number of Common Shares which the aggregate consideration received by the Company upon such Triggering Transaction would purchase at the average Market Price for the ten trading days immediately preceding such Triggering Transaction, and the denominator of which shall be the Number of Common Shares Deemed Outstanding immediately after such Triggering Transaction.