Common use of Adjustments and Other Rights Clause in Contracts

Adjustments and Other Rights. The Exercise Price and the number of Shares into which this Warrant is to be convertible pursuant to Section 2 of this Warrant shall be subject to adjustment from time to time as follows; provided, that no single event shall be subject to adjustment under more than one subsection of this Section 12 so as to result in duplication and the adjustment that has the highest value relative to the rights and interests of the Warrantholder shall be made; provided, further, that, notwithstanding any provision of this Warrant to the contrary, any adjustment shall be made to the extent (and only to the extent) that such adjustment would not cause or result in any Warrantholder and its Affiliates, collectively, being in violation of any applicable law, regulation or rule of any governmental authority or self-regulatory organization; provided, further, that notwithstanding any provision of this Warrant to the contrary, in no event shall the Exercise Price be adjusted so that an approval by the shareholders of the Company would be required pursuant to NASDAQ Listing Rule 5635 in connection with the transactions contemplated by this Warrant and the Securities Purchase Agreement and in lieu of such Exercise Price adjustment the Company shall pay to the Warrantholder an amount of cash equivalent to the amount of such adjustment. Any adjustment (or portion thereof) prohibited pursuant to the foregoing proviso shall be postponed and implemented on the first date on which such implementation would not result in the condition described in such proviso.

Adjustments and Other Rights. The Exercise Price and the number of Shares into which this Warrant is to be convertible pursuant to Section 2 of this Warrant shall be subject to adjustment from time to time as follows; provided, that no single event shall be subject to adjustment under more than one subsection of this Section 12 so as to result in duplication and the adjustment that has the highest value relative to the rights and interests of the Warrantholder shall be made; provided, further, that, notwithstanding any provision of this Warrant to the contrary, any adjustment shall be made to the extent (and only to the extent) that such adjustment would not cause or result in any Warrantholder and its Affiliates, collectively, being in violation of any applicable law, regulation or rule of any governmental authority or self-regulatory organization; provided, further, that notwithstanding any provision of this Warrant to the contrary, in no event shall the Exercise Price be adjusted so that an approval by the shareholders of the Company would be required pursuant to NASDAQ Listing Rule 5635 (to the extent applicable to the Company) in connection with the transactions contemplated by this Warrant and the Securities Purchase Agreement and in lieu of such Exercise Price adjustment the Company shall pay to the Warrantholder an amount of cash equivalent to the amount of such adjustment. Any adjustment (or portion thereof) prohibited pursuant to the foregoing proviso shall be postponed and implemented on the first date on which such implementation would not result in the condition described in such proviso.