Common use of Adjustment of Exercise Price upon Issuance of Common Stock Clause in Contracts

Adjustment of Exercise Price upon Issuance of Common Stock. If and whenever on or after the Issuance Date the Company grants, issues or sells (or enters into any agreement to grant, issue or sell), or in accordance with this Section 7(c) is deemed to have granted, issued or sold, any shares of Common Stock (including the granting, issuance or sale of shares of Common Stock owned or held by or for the account of the Company, but excluding any Excluded Securities granted, issued or sold or deemed to have been granted, issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting, issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then, immediately after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 7(c)), the following shall be applicable:

Adjustment of Exercise Price upon Issuance of Common Stock. If and whenever on or after the Issuance Date date Nasdaq Stockholder Approval is obtained, the Company grants, issues or sells (or enters into any agreement to grant, issue or sell)sells, or in accordance with this Section 7(c3(b) is deemed to have granted, issued or sold, or the Company publicly announces the issuance or sale of, any shares of Common Stock (including the granting, issuance or sale of shares of Common Stock owned or held by or for the account of the Company, but excluding any Excluded Securities granted, shares of Common Stock issued or sold sold, or in accordance with this Section 3(b) is deemed to have been granted, issued or sold, by the Company (x) in connection with any Excluded Securities (other than clause (vii) therein), (y) for which the Holder received a Distribution in at least an equivalent amount pursuant to Section 3(d) and (z) adjusting the Exercise Price pursuant to Section 3(a)), for a consideration per share (the “"New Issuance Price”") less than a price (the "Applicable Price") equal to the Exercise Price in effect immediately prior to such granting, issuance issue or sale or deemed granting, issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “"Dilutive Issuance”"), then, then immediately after such Dilutive Issuance, Issuance the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 7(c)3(b), the following shall be applicable:

Adjustment of Exercise Price upon Issuance of Common Stock. If and whenever on or after the Issuance Date date Nasdaq Stockholder Approval is obtained, the Company grants, issues or sells (or enters into any agreement to grant, issue or sell)sells, or in accordance with this Section 7(c3(b) is deemed to have granted, issued or sold, or the Company publicly announces the issuance or sale of, any shares of Common Stock (including the granting, issuance or sale of shares of Common Stock owned or held by or for the account of the Company, but excluding any Excluded Securities granted, shares of Common Stock issued or sold sold, or in accordance with this Section 3(b) is deemed to have been granted, issued or sold, by the Company (x) in connection with any Excluded Securities, (y) for which the Holder received a Distribution in at least an equivalent amount pursuant to Section 3(d) and (z) adjusting the Exercise Price pursuant to Section 3(a)), for a consideration per share (the “"New Issuance Price”") less than a price (the "Applicable Price") equal to the Exercise Price in effect immediately prior to such granting, issuance issue or sale or deemed granting, issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “"Dilutive Issuance”"), then, then immediately after such Dilutive Issuance, Issuance the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 7(c)3(b), the following shall be applicable: