Common use of Change in Exercise Price or Conversion Rate Clause in Contracts

Change in Exercise Price or Conversion Rate. If, subsequent to any Deemed Issuance of Common Stock, there is a change (other than a change required by anti-dilution provisions of any Convertible Security or Option intended to serve the same purpose as the provisions of this Section 4(d)) in (i) the purchase or exercise price provided for in any Option included in such Deemed Issuance of Common Stock (an "Exercise Price") or (ii) the conversion price or exchange ratio (a "Conversion Rate") of any Convertible Security included in such Deemed Issuance of Common Stock, such that the changed Exercise Price or Conversion Rate, as the case may be, had it been in effect at the time of such Deemed Issuance of Common Stock, would have resulted in a decrease in the Warrant Price as a result of such Deemed Issuance of Common Stock, then (A) the Warrant Price shall be recalculated to equal that Warrant Price which would have been in effect at such time had all of such Options or Convertible Securities that remain outstanding at the time of such change (or that may be issued upon the exercise of any Option or Convertible Securities included in such Deemed Issuance of Common Stock and that then remain outstanding) provided for such changed Exercise Price or Conversion Rate, as the case may be, at the time of such Deemed Issuance of Common Stock, and (B) each other adjustment, if any, made to the Warrant Price subsequent to such Deemed Issuance of Common Stock based on subsequent Issuances of Common Stock shall be recalculated, utilizing for such purpose the Average Offering Price as recalculated or as readjusted pursuant to subsection (i) of this Section 4(d).

Change in Exercise Price or Conversion Rate. If, subsequent ------------------------------------------- to any Deemed Issuance of Common Stock, there is a change (other than a change required by anti-dilution provisions of any Convertible Security or Option intended to serve the same purpose as the provisions of this Section 4(d)section) in (i) the purchase or exercise price provided for in any Option included in such Deemed Issuance of Common Stock (an "Exercise Price") or (ii) the conversion price or -------------------- exchange ratio (a "Conversion Rate") of any Convertible Security included in ---------------------- such Deemed Issuance of Common Stock, such that the changed Exercise Price or Conversion Rate, as the case may be, had it been in effect at the time of such Deemed Issuance of Common Stock, would have resulted in a decrease an increase in the Warrant Price number of shares of Common Stock acquirable hereunder as a result of such Deemed Issuance of Common StockStock resulting in a lower Aggregate Consideration or greater number of shares of Common Stock Outstanding, then (A) the Warrant Price Aggregate Consideration and/or number of shares of Common Stock Outstanding shall be recalculated and the shares of Common Stock acquirable hereunder then in effect shall forthwith be readjusted to equal that Warrant Price which such number of shares of Common Stock acquirable as would have been in effect at such time had all of such Options or Convertible Securities that remain outstanding at the time of such change (or that may be issued upon the exercise of any Option or Convertible Securities included in such Deemed Issuance of Common Stock and that then remain outstanding) provided for such changed Exercise Price or Conversion Rate, as the case may be, at the time of such Deemed Issuance of Common Stock, Stock and (B) each other adjustment, if any, made to the Warrant Price shares of Common Stock acquirable hereunder subsequent to such Deemed Issuance of Common Stock based on subsequent Issuances of Common Stock shall be recalculated, utilizing for such purpose the Average Offering Price Common Stock Outstanding, Deemed Consideration and the shares of Common Stock acquirable as recalculated or as readjusted pursuant to subsection clause (iA) of this Section 4(dparagraph (b).

Change in Exercise Price or Conversion Rate. If, ; subsequent to any Deemed Issuance of Common Stock, there is a change (other than a change required by anti-dilution provisions of any Convertible Security or Option intended to serve the same purpose as the provisions of this Section 4(d)) in (i) the purchase or exercise price provided for in any Option included in such Deemed Issuance of Common Stock (an "Exercise Price") or (ii) the conversion price or exchange ratio (a "Conversion Rate") of any Convertible Security included in such Deemed Issuance of Common Stock, such that the changed Exercise Price or Conversion Rate, as the case may be, had it been in effect at the time of such Deemed Issuance of Common Stock, would have resulted in a decrease in the Warrant Price as a result of such Deemed Issuance of Common Stock, then (A) the Warrant Price shall be recalculated to equal that Warrant Price which would have been in effect at such time had all of such Options or Convertible Securities that remain outstanding at the time of such change (or that may be issued upon the exercise of any Option or Convertible Securities included in such Deemed Issuance of Common Stock and that then remain outstanding) provided for such changed Exercise Price or Conversion Rate, as the case may be, at the time of such Deemed Issuance of Common Stock, and (B) each other adjustment, if any, made to the Warrant Price subsequent to such Deemed Issuance of Common Stock Stpck based on subsequent Issuances of Common Stock shall be recalculated, utilizing for such purpose the Average Offering Price as recalculated or as readjusted pursuant to subsection (i) of this Section 4(d).

Change in Exercise Price or Conversion Rate. If, subsequent to any Deemed Issuance of Common Stock, there is a change (other than a change required by anti-dilution provisions of any Convertible Security or Option intended to serve the same purpose as the provisions of this Section 4(d)section) in (i) the purchase or exercise price provided for in any Option included in such Deemed Issuance of Common Stock (an "Exercise PriceEXERCISE PRICE") or (ii) the conversion price or exchange ratio (a "Conversion RateCONVERSION RATE") of any Convertible Security included in such Deemed Issuance of Common Stock, such that the changed Exercise Price or Conversion Rate, as the case may be, had it been in effect at the time of such Deemed Issuance of Common Stock, would have resulted in a decrease an increase in the Warrant Price number of shares of Common Stock acquirable hereunder as a result of such Deemed Issuance of Common StockStock resulting in a lower Aggregate Consideration or greater number of shares of Common Stock Outstanding, then (A) the Warrant Price Aggregate Consideration and/or number of shares of Common Stock Outstanding shall be recalculated and the shares of Common Stock acquirable hereunder then in effect shall forthwith be readjusted to equal that Warrant Price which such number of shares of Common Stock acquirable as would have been in effect at such time had all of such Options or Convertible Securities that remain outstanding at the time of such change (or that may be issued upon the exercise of any Option or Convertible Securities included in such Deemed Issuance of Common Stock and that then remain outstanding) provided for such changed Exercise Price or Conversion Rate, as the case may be, at the time of such Deemed Issuance of Common Stock, Stock and (B) each other adjustment, if any, made to the Warrant Price shares of Common Stock acquirable hereunder subsequent to such Deemed Issuance of Common Stock based on subsequent Issuances of Common Stock shall be recalculated, utilizing for such purpose the Average Offering Price Common Stock Outstanding, Deemed Consideration and the shares of Common Stock acquirable as recalculated or as readjusted pursuant to subsection clause (iA) of this Section 4(dparagraph (b).

Change in Exercise Price or Conversion Rate. If, ------------------------------------------- subsequent to any Deemed Issuance of Common StockShares, there is a change (other than a change required by anti-dilution provisions of any Convertible Security or Option intended to serve the same purpose as the provisions of this Section 4(d)subsection) in (i) the purchase or exercise price provided for in any Option included in such Deemed Issuance of Common Stock Shares (an "Exercise Price") or (ii) the conversion -------------- price or exchange ratio (a "Conversion Rate") of any Convertible Security --------------- included in such Deemed Issuance of Common StockShares, such that the changed Exercise Price or Conversion Rate, as the case may be, had it been in effect at the time of such Deemed Issuance of Common StockShares, would have resulted in a decrease an increase in the Warrant Price number of Shares acquirable hereunder as a result of such Deemed Issuance of Common StockShares resulting in a lower aggregate consideration or greater number of Shares Outstanding, then (A) the Warrant Price aggregate consideration and/or number of Shares Outstanding shall be recalculated and the Shares acquirable hereunder then in effect shall forthwith be readjusted to equal that Warrant Price which such number of Shares acquirable as would have been in effect at such time had all of such Options or Convertible Securities that remain outstanding at the time of such change (or that may be issued upon the exercise of any Option or Convertible Securities included in such Deemed Issuance of Common Stock Shares and that then remain outstanding) provided for such changed Exercise Price or Conversion Rate, as the case may be, at the time of such Deemed Issuance of Common Stock, Shares and (B) each other adjustment, if any, made to the Warrant Price Shares acquirable hereunder subsequent to such Deemed Issuance of Common Stock Shares based on subsequent Issuances of Common Stock Shares shall be recalculated, utilizing for such purpose the Average Offering Price Shares Outstanding, Deemed Consideration and the Shares acquirable as recalculated or as readjusted pursuant to subsection clause (iA) of this Section 4(dparagraph (b).