Adjustments to Aggregate Number. The Aggregate Number shall be ------------------------------- subject to adjustment from time to time as follows and thereafter as adjusted shall be deemed to be the Aggregate Number hereunder.
(a) Reorganization, Reclassification, Consolidation, Merger or Sale. If any capital reorganization or reclassification of the Company, or any consolidation or merger of the Company with another person, or the sale, transfer or lease of all or substantially all of its assets to another person shall be effected in such a way that holders of Ordinary Shares shall be entitled to receive stock, securities or assets with respect to or in exchange for their shares, then provision shall be made, in accordance with this Section 5, whereby the Holder hereof shall thereafter have the right to purchase and receive, upon the basis and upon the terms and conditions specified in this Warrant and in addition to or in exchange for, as applicable, the Warrant Shares subject to this Warrant immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby, such securities or assets as would have been issued or payable with respect to or in exchange for the Aggregate Number immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby if exercise of the Warrant has occurred immediately prior to such reorganization, reclassification, consolidation, merger or sale. The Company will not effect any such consolidation, merger, sale, transfer or lease unless prior to the consummation thereof the successor entity (if other than the Company) resulting from such consolidation or merger or the entity purchasing or leasing such assets shall assume by written instrument (1) the obligation to deliver to such Holder such securities or assets as, in accordance with the foregoing provisions, such Holder may be entitled to purchase, and (2) all other obligations of the Company under this Warrant. The provisions of this Section 5(a) shall similarly apply to successive consolidations, mergers, exchanges, sales, transfers or leases.
Adjustments to Aggregate Number. Concurrently with any adjustment to the Exercise Price under Section 5(a), the Aggregate Number will be adjusted such that the Aggregate Number in effect immediately following the effectiveness of such adjustment will be equal to the Aggregate Number in effect immediately prior to such adjustment, multiplied by a fraction, (i) the numerator of which is the Exercise Price in effect immediately prior to such adjustment and (ii) the denominator of which is the Exercise Price in effect immediately following such adjustment.
Adjustments to Aggregate Number. The Aggregate Number shall be subject to adjustment from time to time as follows and thereafter as adjusted shall be deemed to be the Aggregate Number hereunder.
Adjustments to Aggregate Number. Under certain conditions, the Aggregate Number is subject to adjustment as set forth in this Section 6. No adjustments shall be made under this Section 6 as a result of the issuance by the Company of the Warrant Shares issuable upon exercise of this Warrant (the "Exempt Issuance").
Adjustments to Aggregate Number. Under certain conditions, the Aggregate Number is subject to adjustment as set forth in this Section 6. No adjustments shall be made under this Section 6 as a result of (a) the issuance by the Company of the Warrant Shares upon exercise of this Warrant, (b) the issuance by the Company of shares of Class A Common Stock upon exercise of the Other Warrants, (c) the issuance by the Company of Shares of Class B Common Stock upon the exercise of the First Union Warrant, or (d) the issuance of up to 62,893.082 shares of Common Stock (or options related thereto) upon the exercise of options granted or to be granted under the Company’s 1999 Stock Option Plan (subject to adjustment for any combinations, consolidations, stock distributions or stock dividends with respect to the Common Stock) (collectively, the “Exempt Issuances”).
Adjustments to Aggregate Number. Under certain conditions, the Aggregate Number is subject to adjustment as set forth in this Section 6. No adjustments shall be made under this Section 6 as a result of (a) the issuance by the Company of (1) the Warrant Shares upon exercise of this Warrant or (2) shares of Common Stock upon exercise of the other warrants granted to Holder and the other holders of the Subordinated Notes and the Preferred Stock pursuant to the Limited Waiver and Amendment, (b) the issuance of shares of Common Stock (or options related thereto) upon the exercise of options granted or to be granted under the Company's current and future stock option and incentive plans representing in the aggregate the right to receive or purchase shares aggregating up to 1,892,731 shares of Common Stock (subject to adjustment for any of the circumstances described in Sections 6(a)(i)(A), (B) and (C)) and (c) the issuance of any shares of Common Stock with respect to the liquidation preference (but not with respect to accrued but unpaid dividends) upon the conversion of the Preferred Stock (collectively, the "Exempt Issuances").
Adjustments to Aggregate Number. The Exercise Price and the Aggregate Number of shares of Common Stock issuable upon the exercise of this Warrant (the "Exercise Rate") is subject to adjustment from time to time upon the occurrence of the events enumerated in this Section 4.
Adjustments to Aggregate Number. Under certain conditions, the Aggregate Number is subject to adjustment as set forth in this Section 6. No adjustments shall be made under this Section 6 as a result of the issuance by the Company of (i) the Warrant Shares upon exercise of this Warrant, (ii) Common Stock, or options therefore, issued pursuant to the Stock Option Plans, (iii) Common Stock in connection with the acquisition of another Person (which is not a stockholder, or an Affiliate of any stockholder, of the Company; provided, however, that such carve-out in this parenthetical shall not apply if such acquisition is approved unanimously by all disinterested members of the Board of Directors) by the Company by merger, purchase of all or substantially all of such other Person's assets or by other reorganization whereby the Company ends up owning, directly or indirectly, greater than 50% of the voting power of such Person, (iv) Common Stock pursuant to a bona fide underwritten public offering by the Company or (v) Common Stock in connection with the conversion of the Series B Convertible Participating Preferred Stock of the Company pursuant to the Certificate of Incorporation (collectively, the "Exempt Issuances").
Adjustments to Aggregate Number. Under certain conditions, the Exercise Price and Aggregate Number shall be adjusted as set forth in this Section 6. Upon each adjustment of the Aggregate Number, the Exercise Price shall be adjusted by multiplying the Exercise Price then in effect by a fraction, the numerator of which shall be the Aggregate Number immediately prior to such adjustment, and the denominator of which shall be the Aggregate Number immediately following such adjustment.
Adjustments to Aggregate Number. Under certain conditions, the Aggregate Number is subject to adjustment as set forth in this Section 6. No adjustments shall be made under this Section 6 as a result of (a) the issuance by the Company of the Warrant Shares upon exercise of this Warrant, (b) the issuance shares of Common Stock (or options related thereto) upon the granting of Common Stock or the exercise of options granted or to be granted under the Company's stock option and incentive plans, (c) the issuance of Common Stock or Convertible Securities as consideration for the purchase price of assets or businesses being acquired by the Company or any of its Subsidiaries, and (d) the issuance of nominally priced Common Stock or Convertible Securities in connection with the issuance of debt or nonconvertible preferred stock (collectively, the "Exempt Issuances").
