Common use of Adjustment Upon Issuance of Common Stock Clause in Contracts

Adjustment Upon Issuance of Common Stock. If and whenever on or after the date hereof and prior to the date that is eight months from the date hereof (March 8, 2017) (the “Applicable Period”), the Company issues, sells or delivers, or in accordance with this Section 4 is deemed to have issued, sold or delivered, any Common Stock (including the issuance, sale or delivery of Common Stock owned or held by or for the account of the Company, but excluding any Excluded Securities (as hereinafter defined) issued or sold or deemed to have been issued, sold or delivered) for a consideration per share less than a price equal to the Exercise Price in effect immediately prior to such issuance, sale or delivery or deemed issuance, sale or delivery (such Exercise Price then in effect is referred to 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 the New Issuance Price (as hereinafter defined). For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and consideration per share under this Section 3(c)), the following shall be applicable:

Adjustment Upon Issuance of Common Stock. If and whenever on or after the date hereof and prior to the date that is eight months from one-year anniversary of the date hereof (March 8, 2017) (the “Applicable Period”)this Warrant is issued, the Company issuesgrants, issues or sells (or deliversenters into any agreement to grant, issue or sell), or in accordance with this Section 4 3(b) is deemed to have issued, sold issued or deliveredsold, any shares of Common Stock (including the issuance, issuance or sale or delivery of Common Stock owned or held by or for the account of the Company, but excluding any Excluded Securities (as hereinafter defined) Exempt Issuances issued or sold or deemed to have been issued, sold issued or deliveredsold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such issuance, issuance or sale or delivery deemed issuance or deemed issuance, sale or delivery (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 (as hereinafter defined)Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and consideration per share the New Issuance Price under this Section 3(c3(b)), the following shall be applicable:

Adjustment Upon Issuance of Common Stock. If and whenever on or after the date hereof and prior to the date that is eight months from the date hereof (March 8October [__], 20172016) (the “Applicable Period”), the Company issues, sells or delivers, or in accordance with this Section 4 is deemed to have issued, sold or delivered, any Common Stock (including the issuance, sale or delivery of Common Stock owned or held by or for the account of the Company, but excluding any Excluded Securities (as hereinafter defined) issued or sold or deemed to have been issued, sold or delivered) for a consideration per share less than a price equal to the Exercise Price in effect immediately prior to such issuance, sale or delivery or deemed issuance, sale or delivery (such Exercise Price then in effect is referred to 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 the New Issuance Price (as hereinafter defined). For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and consideration per share under this Section 3(c)), the following shall be applicable:

Adjustment Upon Issuance of Common Stock. If and whenever on or after the date hereof and prior to the date that is eight months from the date hereof (March 8, 2017) 2017 (the “Applicable Period”), the Company issues, sells or delivers, or in accordance with this Section 4 3(c) is deemed to have issued, sold or delivered, any Common Stock (including the issuance, sale or delivery of Common Stock owned or held by or for the account of the Company, but excluding any Excluded Securities (as hereinafter defined) issued or sold or deemed to have been issued, sold or delivered) for a consideration per share less than a price equal to the Exercise Price in effect immediately prior to such issuance, sale or delivery or deemed issuance, sale or delivery (such Exercise Price then in effect is referred to 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 the New Issuance Price (as hereinafter defined). For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and consideration per share under this Section 3(c)), the following shall be applicable:

Adjustment Upon Issuance of Common Stock. If and whenever on or after the date hereof of the Purchase Agreement, and prior to the date that is eight months from Effective Date (as defined in the date hereof (March 8, 2017) (the “Applicable Period”Purchase Agreement), the Company issues, sells sells, publicly announces the contemplated issuance or deliverssale of, or in accordance with this Section 4 3(b) is deemed to have issued, sold issued or deliveredsold, any shares of Common Stock (including the issuance, sale or delivery public announcement of the issuance or sale, of shares of Common Stock owned or held by or for the account of the Company, but excluding any Excluded Securities (as hereinafter defined) issued or sold or shares of Common Stock deemed to have been issued, issued or sold or deliveredby the Company in connection with any Excluded Securities) 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 issuance, issuance or sale or delivery deemed issuance or deemed issuance, sale or delivery (such Exercise Price then in effect is referred to 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 (as hereinafter defined)Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and consideration per share under this Section 3(c)3(b), the following shall be applicable:

Adjustment Upon Issuance of Common Stock. If and whenever on or after the date hereof Issuance Date and prior to the date that is eight months from the date hereof (March 8, 2017) 2017 (the “Applicable Period”), the Company issues, sells or delivers, or in accordance with this Section 4 is deemed to have issued, sold or delivered, any Common Stock (including the issuance, sale or delivery of Common Stock owned or held by or for the account of the Company, but excluding any Excluded Securities (as hereinafter defined) issued or sold or deemed to have been issued, sold or delivered) for a consideration per share less than a price equal to the Exercise Price in effect immediately prior to such issuance, sale or delivery or deemed issuance, sale or delivery (such Exercise Price then in effect is referred to 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 the New Issuance Price (as hereinafter defineddefined in Section 10). For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and consideration per share under this Section 3(c)4.4), the following shall be applicable:

Adjustment Upon Issuance of Common Stock. If and whenever on or after the date hereof and prior to of the date that is eight months from the date hereof (March 8, 2017) (the “Applicable Period”)Underwriting Agreement, the Company issuesgrants issues or sells (or enters into any agreement to grant, sells issue or deliverssell), or in accordance with this Section 4 3 is deemed to have issuedgranted, sold issued or deliveredsold, any shares of Common Stock (including the issuance, issuance or sale or delivery of shares of Common Stock owned or held by or for the account of the Company, but excluding any Excluded Securities (as hereinafter defined) Exempt Issuances, granted issued or sold or deemed to have been issued, sold granted issued or deliveredsold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such issuancegranting, issuance or sale or delivery deemed granting issuance or deemed issuance, sale or delivery (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 (as hereinafter defined)and, subject to Section 3(j) herein, the number of Warrant Shares issuable hereunder shall be increased such that the aggregate Exercise Price payable hereunder, after taking into account the decrease in the Exercise Price, shall be equal to the aggregate Exercise Price prior to such adjustment. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and consideration per share the New Issuance Price under this Section 3(c3(b)), the following shall be applicable: