Common use of Adjustment for Tender or Exchange Offer Clause in Contracts

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: where, N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: where, N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; Table of Contents AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso OSo = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: N' = No × AC + (SP' × OS') OSo × SP' where, N’ ' = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ ' = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ ' = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Last Reported Sale Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: where, N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso OSo = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ = the Closing Last Reported Sale Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: AC + (SP'x OS') N' = No x -------------- OSo x SP' where, N’ ' = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso OSo = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ ' = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ ' = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: N’= N o x AC+(SP'xOS') OSo x SP' where, N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso OSo = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: N’ = No x AC + (SP’ x OS’) OSo x SP’ where, N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board board of Directors directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: AC + N' = No × (SP' × OS') OSo × SP' where, N’ ' = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso OSo = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ ' = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ ' = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: N' = N0 x AC + (SP' < OS') OS0 x SP' where, N’ ' = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso Os0 = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ ' = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ ' = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: AC + (SP' x OS') N' = N x ---------------- 0 OS x SP' 0 where, N’ ' = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ ' = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ ' = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: N’ = N o AC + (SP’ x OS’) OSo x SP’ where, N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the CompanyCompany as described in a Board of Directors resolution which shall be filed with the Warrant Agent) paid or payable for shares purchased in such tender or exchange offer; Oso OSo = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: AC + (SP' > OS') N' = No x OSo x SP' where, N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: AC + N’ = No x (SP’ x OS’) OSo x SP’ where, N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso OSo = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: N' = No × AC + (SP' × OS') OSo × SP' where, : N’ ' = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso OSo = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ ' = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ ' = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: N’ = N0 x AC + (SP’ x OS’) OS0 x SP’ where, N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No N0 = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso OS0 = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: N’ = No x AC + (SP’ > OS’) OSo x SP’ where, N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.

Adjustment for Tender or Exchange Offer. If the Company or any of its subsidiaries makes a payment in respect of a tender offer or exchange offer for the Common Stock, if the cash and value of any other consideration included in the payment per share of the Common Stock exceeds the Closing Price of the Common Stock on the trading day next succeeding the last date on which tenders or exchanges may be made pursuant to such tender or exchange offer, the number of shares of Common Stock issuable upon exercise of each Warrant will be increased based on the following formula: AC + (SP'>OS') N' = No x -------------- OSo x SP' where, N’ ' = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant; No = the current number of shares of Common Stock issuable upon exercise of each warrant; AC = the aggregate value of all cash and any other consideration (as determined by the Board of Directors of the Company) paid or payable for shares purchased in such tender or exchange offer; Oso OSo = the number of shares of Common Stock outstanding immediately prior to the date such tender or exchange offer expires; OS’ ' = the number of shares of Common Stock outstanding immediately after the date such tender or exchange offer expires; and SP’ ' = the Closing Price of the Common Stock on the trading day next succeeding the date such tender or exchange offer expires. The adjustment shall be made successively and shall become effective immediately following the date such tender or exchange offer expires.