Common use of Certain Acquisitions Clause in Contracts

Certain Acquisitions. If and when on or after the Date of Issuance the Company (i) engages in a business combination transaction, whether by way of stock purchase, merger, asset purchase or otherwise, or (ii) issues more than 444,444 shares of Common Stock in the aggregate upon conversion of the Company's Series B Convertible Preferred Stock, then immediately upon the consummation of any such transaction or issuance, the number of Warrant Shares obtainable upon exercise of this Warrant shall be increased so that this Warrant shall entitle the Registered Holder to purchase that number of Warrant Shares which shall bear the same proportion to the Fully Diluted Common Stock of the Company immediately after any such transaction or issuance as the proportion of that number of Warrant Shares in effect immediately prior to any such transaction or issuance bore to the Fully Diluted Common Stock of the Company immediately prior to such transaction or issuance. This adjustment shall be made separately for each such transaction and issuance. For the purposes hereof, "Fully Diluted Common Stock" as of a specified time shall mean the aggregate of all outstanding shares of Common Stock as of such time plus all shares of Common Stock issuable upon the exercise or conversion of securities exercisable for, or convertible into, shares of Common Stock of the Company which securities are outstanding or issuable at such time.

Certain Acquisitions. If and when on or after the Date of Issuance the Company (i) engages in a business combination transaction, whether by way of stock purchase, merger, asset purchase or otherwise, with either of the companies set forth on EXHIBIT III hereto or (ii) issues more than 444,444 shares of Common Stock as described in the aggregate upon conversion of the Company's Series B Convertible Preferred StockEXHIBIT III, then immediately upon the consummation of any such transaction or issuance, the number of Warrant Shares obtainable upon exercise of this Warrant shall be increased so that this Warrant shall entitle the Registered Holder to purchase that number of Warrant Shares which shall bear the same proportion to the Fully Diluted Common Stock of the Company immediately after any such transaction or issuance as the proportion of that number of Warrant Shares in effect immediately prior to any such transaction or issuance bore to the Fully Diluted Common Stock of the Company immediately prior to such transaction or issuance. This adjustment shall be made separately for each such transaction and issuance. For the purposes hereof, "Fully Diluted Common Stock" as of a specified time shall mean the aggregate of all outstanding shares of Common Stock as of such time plus all shares of Common Stock issuable upon the exercise or conversion of securities exercisable for, or convertible into, shares of Common Stock of the Company which securities are outstanding or issuable at such time.

Certain Acquisitions. If and when on or after the Date of Issuance the Company (i) engages in a business combination transaction, whether by way of stock purchase, merger, asset purchase or otherwise, with either of the companies set forth on EXHIBIT III hereto or (ii) issues more than 444,444 shares of Common Stock as described in the aggregate upon conversion of the Company's Series B Convertible Preferred StockExhibit III, then immediately upon the consummation of any such transaction or issuance, the number of Warrant Shares obtainable upon exercise of this Warrant shall be increased so that this Warrant shall entitle the Registered Holder to purchase that number of Warrant Shares which shall bear the same proportion to the Fully Diluted Common Stock of the Company immediately after any such transaction or issuance as the proportion of that number of Warrant Shares in effect immediately prior to any such transaction or issuance bore to the Fully Diluted Common Stock of the Company immediately prior to such transaction or issuance. This adjustment shall be made separately for each such transaction and issuance. For the purposes hereof, "Fully Diluted Common Stock" as of a specified time shall mean the aggregate of all outstanding shares of Common Stock as of such time plus all shares of Common Stock issuable upon the exercise or conversion of securities exercisable for, or convertible into, shares of Common Stock of the Company which securities are outstanding or issuable at such time.

Certain Acquisitions. If and when on or after the Date of Issuance the Company (i) engages in a business combination transaction, whether by way of stock purchase, merger, asset purchase or otherwise, with either of the companies set forth on EXHIBIT III hereto or (ii) issues more than 444,444 shares of Common Stock as described in the aggregate upon conversion of the Company's Series B Convertible Preferred StockEXHIBIT III, then immediately upon the consummation of any each such transaction or and such issuance, the number of Warrant Shares obtainable upon exercise of this Warrant shall be increased so that this Warrant shall entitle the Registered Holder to purchase that number of Warrant Shares which shall bear the same proportion to the Fully Diluted Common Stock of the Company immediately after any each such transaction or and such issuance as the proportion of that number of Warrant Shares in effect immediately prior to any such transaction or and such issuance bore to the Fully Diluted Common Stock of the Company immediately prior to such transaction or and such issuance. This adjustment shall be made separately for each such transaction and such issuance. For the purposes hereof, "Fully Diluted Common Stock" as of a specified time shall mean the aggregate of all outstanding shares of Common Stock as of such time plus all shares of Common Stock issuable upon the exercise or conversion of securities exercisable for, or convertible into, shares of Common Stock of the Company which securities are outstanding or issuable at such time.