Common use of Adjustment for Unspecified Actions Clause in Contracts

Adjustment for Unspecified Actions. If the Company takes any action affecting the Common Stock, other than action described in this Section 13, which in the opinion of the Board would materially adversely affect the exercise rights of the Warrantholders, the Exercise Price for the Warrants and/or the number of Shares received upon exercise of the Warrant may be adjusted, to the extent permitted by law, in such manner, if any, and at such time, as such Board may determine in good faith to be equitable in the circumstances; provided, however, that in no event shall any adjustment have the effect of increasing the Exercise Price as otherwise determined pursuant to any of the provisions of this Section 13 except in the case of a combination of shares of a type contemplated in Section 13(B) and then in no event to an amount larger than the Exercise Price as adjusted pursuant to Section 13(B). Failure of the Board to provide for any such adjustment prior to the effective date of any such action by the Company affecting the Common Stock will be evidence that the Board has determined that it is equitable to make no adjustments in the circumstances.

Adjustment for Unspecified Actions. If the Company Corporation takes any action affecting the Common Stock, other than action described in this Section 137(c), which in the opinion of the Board of Directors would materially adversely affect the exercise conversion rights of the Warrantholdersholders of shares of Series B Preferred Stock, the Exercise Conversion Price for the Warrants and/or the number of Shares received upon exercise of the Warrant may be adjusted, to the extent permitted by law, in such manner, if any, and at such time, as such Board of Directors may determine in good faith to be equitable in the circumstances; provided, however, that in no event shall any adjustment have the effect of increasing the Exercise Conversion Price as otherwise determined pursuant to any of the provisions of this Section 13 7(c), except in the case of a combination of shares of a type contemplated in Section 13(B) 7(c)(ii), and then in no event to an amount larger more than the Exercise Conversion Price as adjusted pursuant to Section 13(B7(c)(ii). Failure of the Board of Directors to provide for any such adjustment prior to the effective date of any such action by the Company Corporation affecting the Common Stock will be evidence that the Board of Directors has determined that it is equitable to make no adjustments in the circumstances.

Adjustment for Unspecified Actions. If the Company Corporation takes any action affecting the Common Stock, other than action described in this Section 137(c), which in the opinion of the Board of Directors would materially adversely affect the exercise conversion rights of the Warrantholdersholders of shares of Series A Preferred Stock, the Exercise Conversion Price for the Warrants and/or the number of Shares received upon exercise of the Warrant may be adjusted, to the extent permitted by law, in such manner, if any, and at such time, as such Board of Directors may determine in good faith to be equitable in the circumstances; provided, however, that in no event shall any adjustment have the effect of increasing the Exercise Conversion Price as otherwise determined pursuant to any of the provisions of this Section 13 7(c), except in the case of a combination of shares of a type contemplated in Section 13(B) 7(c)(ii), and then in no event to an amount larger more than the Exercise Conversion Price as adjusted pursuant to Section 13(B7(c)(ii). Failure of the Board of Directors to provide for any such adjustment prior to the effective date of any such action by the Company Corporation affecting the Common Stock will be evidence that the Board of Directors has determined that it is equitable to make no adjustments in the circumstances.