Common use of Adjustments Upon Certain Fundamental Changes Clause in Contracts

Adjustments Upon Certain Fundamental Changes. (a) If a Holder elects to convert Securities pursuant to Section 13.1 above in connection with a transaction described therein and the transaction also constitutes a Fundamental Change, the Conversion Rate for such Securities shall be increased by an additional number of Common Shares (the "Additional Shares") as described below. Any conversion occurring at a time when the Securities would be convertible in light of the expected or actual occurrence of a Fundamental Change will be deemed to have occurred in connection with such Fundamental Change notwithstanding the fact that a Security may then be convertible because another condition to conversion has been satisfied.

Adjustments Upon Certain Fundamental Changes. (a) If a Holder elects to convert Securities pursuant to Section 13.1 above 13.01(a)(iv) in connection with a transaction described therein and the transaction also constitutes a Fundamental Change, the Conversion Rate for such Securities shall be increased by an additional number of Common Shares (the "“Additional Shares"”) as described below. Any conversion occurring at a time when the Securities would be convertible in light of the expected or actual occurrence of a Fundamental Change will be deemed to have occurred in connection with such Fundamental Change notwithstanding the fact that a Security may then be convertible because another condition to conversion has been satisfied.

Adjustments Upon Certain Fundamental Changes. (a) If a Holder elects to convert Securities pursuant to Section 13.1 above in connection with a transaction described therein and the transaction also constitutes a Fundamental Change, the Conversion Rate for such Securities shall be increased by an additional number of Common Shares (the "“Additional Shares"”) as described below. Any conversion occurring at a time when the Securities would be convertible in light of the expected or actual occurrence of a Fundamental Change will be deemed to have occurred in connection with such Fundamental Change notwithstanding the fact that a Security may then be convertible because another condition to conversion has been satisfied.

Adjustments Upon Certain Fundamental Changes. (a) If a Holder elects to convert Securities pursuant to Section 13.1 16.01 above in connection with a transaction described therein and the transaction also constitutes a Fundamental Change, the Conversion Rate for such Securities shall be increased by an additional number of Common Shares (the "“Additional Shares"”) as described below. Any conversion occurring at a time when the Securities would be convertible in light of the expected or actual occurrence of a Fundamental Change will be deemed to have occurred in connection with such Fundamental Change notwithstanding the fact that a Security may then be convertible because another condition to conversion has been satisfied.

Adjustments Upon Certain Fundamental Changes. (a) If a Holder elects to convert Securities pursuant to Section 13.1 11.01 above in connection with a transaction described therein and the transaction also constitutes a Fundamental Change, the Conversion Rate for such Securities shall be increased by an additional number of Common Shares (the "Additional Shares") as described below. Any conversion occurring at a time when the Securities would be convertible in light of the expected or actual occurrence of a Fundamental Change will be deemed to have occurred in connection with such Fundamental Change notwithstanding the fact that a Security may then be convertible because another condition to conversion has been satisfied.

Adjustments Upon Certain Fundamental Changes. (a) If a Holder elects to convert Securities pursuant to Section 13.1 above in connection with a transaction described therein and the transaction also constitutes a Make-Whole Fundamental Change, the Conversion Rate for such Securities shall be increased by an additional number of shares of Common Shares Stock (the "“Additional Shares"”) as described below. Any conversion occurring at a time when the Securities would be convertible in light of the expected or actual occurrence of a Make-Whole Fundamental Change will shall be deemed to have occurred in connection with such Make-Whole Fundamental Change notwithstanding the fact that a Security may then also be convertible because another condition to conversion under Section 9.01 has been satisfied.

Adjustments Upon Certain Fundamental Changes. (a) If (i) a Holder elects to convert Securities pursuant to as described in Section 13.1 above 6.01(a)(iv) in connection with a corporate transaction described therein as specified thereunder and the such corporate transaction also constitutes a Fundamental ChangeChange described in clause (1) or (2) of the definition thereof, the Conversion Rate for such Securities shall will be increased by an additional number of shares of Common Shares Stock (the "“Additional Shares"”) as described below. Any conversion occurring will be deemed to have occurred “in connection with” such Fundamental Change only if such Securities are surrendered for conversion at a time when the Securities would be convertible in light of the expected or actual occurrence of a Fundamental Change will be deemed to have occurred in connection with such Fundamental Change and notwithstanding the fact that a Security may then be convertible because another condition to conversion has been satisfied.

Adjustments Upon Certain Fundamental Changes. (a) If a Holder elects to convert Securities pursuant to Section 13.1 above in connection with a transaction described therein and the transaction also constitutes a Fundamental Change, the Conversion Rate for such Securities shall be increased by an additional number of shares of Common Shares Stock (the "“Additional Shares"”) as described below. Any conversion occurring at a time when the Securities would be convertible in light of the expected or actual occurrence of a Fundamental Change will shall be deemed to have occurred in connection with such Fundamental Change notwithstanding the fact that a Security may then also be convertible because another condition to conversion under Section 6.01 has been satisfied.