Common use of Adjustments for Dilutive Issuances Clause in Contracts

Adjustments for Dilutive Issuances. In the event of the issuance (a "Dilutive Issuance") by the Company, after the Issue Date of the Warrant, of securities of the same class or series as the Shares at a price per share less than the Exercise Price, or securities which are convertible into or exercisable or exchangeable for Common Stock at a Common Stock per share exercise or conversion price or exchange rate that is less than the Exercise Price in effect at such date, then the number of shares of Common Stock issuable upon conversion of the Shares shall be adjusted in accordance with the provisions (the "Provisions") of the Series E Preferred Stock of the Company as set forth in the Certificate of Incorporation and in effect on the Issue Date of this Warrant. The Company agrees that the Provisions shall not be restated, amended, modified or waived in any manner such that the Holder hereof is treated differently than other holders of the Series E Preferred Stock (as holders of Series E Preferred Stock). Under no circumstances shall the aggregate Exercise Price payable by the Holder upon exercise of the Warrant increase as a result of any adjustment arising from a Dilutive Issuance.

Adjustments for Dilutive Issuances. In the event of the issuance (a "Dilutive Issuance") by the Company, after the Issue Date of the Warrant, of securities of the same class or series as the Shares at a price per share less than the Exercise Price, or securities which are convertible into or exercisable or exchangeable for Common Stock at a Common Stock per share exercise or conversion price or exchange rate that is less than the Exercise Price in effect at such date, then the number of shares of Common Stock issuable upon conversion of the Shares shall be adjusted in accordance with the provisions (the "Provisions") of the Series E D Preferred Stock of the Company as set forth in the Certificate of Incorporation and in effect on the Issue Date of this Warrant. The Company agrees that the Provisions shall not be restated, amended, modified or waived in any manner such that the Holder hereof is treated differently than other holders of the Series E D Preferred Stock (as holders of Series E D Preferred Stock). Under no circumstances shall the aggregate Exercise Price payable by the Holder upon exercise of the Warrant increase as a result of any adjustment arising from a Dilutive Issuance.

Adjustments for Dilutive Issuances. In the event of the issuance (a "Dilutive Issuance") by the Company, after the Issue Date of the Warrant, of securities of the same class or series as the Shares at a price per share less than the Exercise Price, or securities which are convertible into or exercisable or exchangeable for Common Stock at a Common Stock per share exercise or conversion price or exchange rate that is less than the Exercise Price in effect at such date, then the number of shares of Common Stock issuable upon exercise or conversion of the Shares shall be adjusted in accordance with the provisions (the "Provisions") of the Series E Preferred Stock of the Company as set forth in the Certificate of Incorporation and in effect on the Issue Date of this Warrant. The Company agrees that the Provisions shall not be restated, amended, modified or waived in any manner such that the Holder hereof is treated differently than other holders of the Series E Preferred Stock (as holders of Series E Preferred Stock). Under no circumstances shall the aggregate Exercise Price payable by the Holder upon exercise of the Warrant increase as a result of any adjustment arising from a Dilutive Issuance.