Common use of Amendments to the Equity Definitions Clause in Contracts

Amendments to the Equity Definitions. (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words “that may have a material”. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (x) deleting the words “diluting or concentrative” and (y) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the word “that is the result of a corporate event involving the Company and that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (D) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

Amendments to the Equity Definitions. (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words “that may have a materialan”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (w) replacing the words “a diluting or concentrative” with “an” in the fifth line thereof, (x) adding the phrase “or Warrants” after the words “the relevant Shares” in the same sentence, (y) deleting the words “diluting or concentrative” in the sixth to last line thereof and (yz) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the word “that is the result of a corporate event involving the Company and that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (D) [Reserved] (E) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

Amendments to the Equity Definitions. (Ai) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words “that may have a material”; and adding the phrase “or Options” at the end of the sentence. (Bii) Section 11.2(c) of the Equity Definitions is hereby amended by (w) replacing the words “a diluting or concentrative” with “a material” in the fifth line thereof, (x) deleting adding the phrase “or Options” after the words “the relevant Shares” in the same sentence, (y) replacing the words “diluting or concentrative” in the sixth to last line thereof with the word “material” and (yz) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, other than in the case of a Share split, reverse Share split or equivalent transaction, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (Ciii) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by (x) inserting the word “corporate” immediately prior to the word “event” and (y) deleting the words “that may have a diluting or concentrative” and replacing them with the word words “that is the result of a corporate event involving the Company and that may have a material”; and adding the phrase “or WarrantsOptions” at the end of the sentence. (D) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

Amendments to the Equity Definitions. (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words word “that may have a materialan”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (w) replacing the words “a diluting or concentrative” with “an” in the fifth line thereof, (x) adding the phrase “or Warrants” after the words “the relevant Shares” in the same sentence, (y) deleting the words “diluting or concentrative” in the sixth to last line thereof and (yz) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by (x) replacing the words “other event” with the words “action by the Issuer” and (y) deleting the words “that may have a diluting or concentrative” and replacing them with the word “that is the result of a corporate event involving the Company and that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (D) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

Amendments to the Equity Definitions. (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words “that may have a materialan”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (w) replacing the words “a diluting or concentrative” with “an” in the fifth line thereof, (x) adding the phrase “or Warrants” after the words “the relevant Shares” in the same sentence, (y) deleting the words “diluting or concentrative” in the sixth to last line thereof and (yz) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in stock price, changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the word “that is the result of a corporate event involving the Company and that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (D) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

Amendments to the Equity Definitions. (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words “that may have a materialan”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (w) replacing the words “a diluting or concentrative” with “an” in the fifth line thereof, (x) adding the phrase “or Warrants” after the words “the relevant Shares” in the same sentence, (y) deleting the words “diluting or concentrative” in the sixth to last line thereof and (yz) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by (x) replacing the words “other event” with the words “action by the Issuer” and (y) deleting the words “that may have a diluting or concentrative” and replacing them with the word “that is the result of a corporate event involving the Company and that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (D) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

Amendments to the Equity Definitions. (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words “that may have a materialan”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (x) deleting adding the phrase “or a material effect on the theoretical value of the Warrants” after the words “diluting or concentrativethe relevant Shares” in the same sentence and (y) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by (I) replacing the words “other event” with the words “action by the Issuer” and (II) deleting the words “that may have a diluting or concentrative” and replacing them with the word words “that is the result of a corporate event involving the Company and that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (D) Section 12.9(b)(iv12.7(b)(ii) of the Equity Definitions is hereby amended by:by replacing “the amount” with “the Cancellation Amount”.

Amendments to the Equity Definitions. (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words “that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (w) replacing the words “a diluting or concentrative” with “a material” in the fifth line thereof, (x) adding the phrase “or Warrants” after the words “the relevant Shares” in the same sentence, (y) deleting the words “diluting or concentrative” in the sixth to last line thereof and (yz) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by deleting replaced in its entirety with the words “that may have a diluting or concentrative” and replacing them with the word “that is the result of a any other corporate event involving the Company and Issuer or its securities that may have has a materialmaterial economic effect on the Transaction.”; and adding the phrase “or Warrants” at the end of the sentence. (D) [Reserved] (E) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

Amendments to the Equity Definitions. (Aa) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words word “that may have a materialan”; and adding the phrase “or such Transaction” at the end of the sentence. (Bb) Section 11.2(c) of the Equity Definitions is hereby amended by (xi) replacing the words “a diluting or concentrative” with “an” in the fifth line thereof, (ii) adding the phrase “or such Transaction” after the words “the relevant Shares” in the same sentence, (iii) deleting the words “diluting or concentrative” in the sixth to last line thereof, and (yiv) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (Cc) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the word words “that is the result of a corporate event involving the Company and that may have a material”; and adding the phrase “or Warrantsthe relevant Transaction” at the end of the sentence. (D) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

Amendments to the Equity Definitions. (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words “that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (x) deleting replacing the words “a diluting or concentrative” with “a material”, (y) adding the phrase “or Warrants” after the words “the relevant Shares” in the same sentence and (yz) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the word “that is the result of a corporate event involving the Company and that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (D) [Reserved] (E) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

Amendments to the Equity Definitions. (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words “that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (w) replacing the words “a diluting or concentrative” with “a material” in the fifth line thereof, (x) adding the phrase “or Warrants” after the words “the relevant Shares” in the same sentence, (y) deleting the words “diluting or concentrative” in the sixth to last line thereof and (yz) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by deleting replaced in its entirety with the words “that may have a diluting or concentrative” and replacing them with the word “that is the result of a any other corporate event involving the Company and Issuer or a subsidiary of the Issuer that may have has a material”; and adding material economic effect on the phrase “Shares or Warrants” at the end .” (D) Section 12.6(a)(ii) of the sentenceEquity Definitions is hereby amended by deleting from the fourth line thereof the word “or” after the word “official” and inserting a comma therefor. (DE) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

Amendments to the Equity Definitions. (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words “that may have a materialan”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (w) replacing the words “a diluting or concentrative” with “an” in the fifth line thereof, (x) adding the phrase “or Warrants” after the words “the relevant Shares” in the same sentence, (y) deleting the words “diluting or concentrative” in the sixth to last line thereof and (yz) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the word “that is the result of a corporate event involving the Company and that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (D) [Reserved]. (E) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

Amendments to the Equity Definitions. (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the words “that may have a materialan”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (w) replacing the words “a diluting or concentrative” with “an” in the fifth line thereof, (x) adding the phrase “or Warrants” after the words “the relevant Shares” in the same sentence, (y) deleting the words “diluting or concentrative” in the sixth to last line thereof and (yz) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by deleting the words “that may have a diluting or concentrative” and replacing them with the word “that is the result of a corporate event involving the Company and that may have a material”; and adding the phrase “or Warrants” at the end of the sentence. (D) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by: