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 “a diluting or concentrative” and replacing them with the words “a material economic”; and adding the phrase “or Warrants; provided that such event is not based on (a) an observable market, other than the market for the Company’s own stock or (b) an observable index, other than an index calculated measured solely by reference to Company’s own operations” at the end of the sentence.