Common use of Adjustment to Conversion Price Clause in Contracts

Adjustment to Conversion Price. Whenever the Conversion Price is adjusted pursuant to any of this Section 5, the Company shall promptly mail to each Holder a notice setting forth the Conversion Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security in a Variable Rate Transaction (as defined in the Subscription Agreement), despite the prohibition thereon in the Subscription Agreement, the Company shall be deemed to have issued Common Stock or Common Stock Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.

Adjustment to Conversion Price. Whenever the Conversion Price is adjusted pursuant to any provision of this Section 5, the Company shall promptly mail to each Holder a notice setting forth the Conversion Price after such adjustment and setting forth a brief statement of the facts requiring such adjustmentadjustment and basic terms of the dilutive security. If the Company issues a variable rate security in enters into a Variable Rate Transaction (as defined in the Subscription Agreement)Transaction, despite the prohibition thereon in the Subscription Purchase Agreement, the Company shall be deemed to have issued Common Stock or Common Stock Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.

Adjustment to Conversion Price. Whenever the Conversion Price is adjusted pursuant to any of this Section 5, the Company Issuer shall promptly mail to each Holder a notice setting forth the Conversion Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company Issuer or from and after the Consolidation Date, the Company, issues a variable rate security in a Variable Rate Transaction (as defined in the Subscription Agreement)security, despite the prohibition thereon thereof in the Subscription Purchase Agreement, the Company Issuer or the Company, as applicable, shall be deemed to have issued Common Stock or Common Stock Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a Variable Rate Transaction (as defined in the Purchase Agreement).

Adjustment to Conversion Price. Whenever the Conversion Price is adjusted pursuant to any provision of this Section 5, the Company shall promptly mail to each Holder a notice setting forth the Conversion Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security in a Variable Rate Transaction (as defined in the Subscription Agreement)security, despite the prohibition thereon in the Subscription AgreementPurchase Agreement prior to the 12-month anniversary of the Effective Date, the Company shall be deemed to have issued Common Stock or Common Stock Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a Variable Rate Transaction (as defined in the Purchase Agreement).

Adjustment to Conversion Price. Whenever the Conversion Price is adjusted pursuant to any provision of this Section 5, the Company shall promptly mail to each Holder a notice setting forth the Conversion Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security in a Variable Rate Transaction (as defined in the Subscription Agreement), despite the prohibition thereon in the Subscription Agreement, the Company shall be deemed to have issued Common Stock or Common Stock Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.

Adjustment to Conversion Price. Whenever the Conversion Price is adjusted pursuant to any of this Section 5, the Company shall promptly mail to each Holder a notice setting forth the Conversion Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues (other than pursuant to the Purchase Agreement) a variable rate security in a Variable Rate Transaction (as defined in the Subscription Agreement)security, despite the prohibition thereon in the Subscription Purchase Agreement, the Company shall be deemed to have issued Common Stock or Common Stock Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a Variable Rate Transaction (as defined in the Purchase Agreement).

Adjustment to Conversion Price. Whenever the Conversion Price is adjusted pursuant to any provision of this Section 5, the Company shall promptly mail to each Holder a notice setting forth the Conversion Price after such adjustment and basic terms of the dilutive security and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security in enters into a Variable Rate Transaction (as defined in the Subscription Agreement)Transaction, despite the prohibition thereon in the Subscription Purchase Agreement, the Company shall be deemed to have issued Common Stock or Common Stock Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.