Common use of Deferral in Certain Circumstances Clause in Contracts

Deferral in Certain Circumstances. In any case in which the provisions of this Section 6 shall require that an adjustment shall become effective immediately after a record date of an event, the Company may defer until the occurrence of such event (a) issuing to the Holder of any Warrant exercised after such record date and before the occurrence of such event the shares of capital stock issuable upon such exercise by reason of the adjustment required by such event and issuing to such Holder only the shares of capital stock issuable upon such exercise before giving effect to such adjustments, and (b) paying to such Holder any amount in cash in lieu of a fractional share of capital stock pursuant to Section 2.3 above; provided, however, that the Company shall deliver to such Holder an appropriate instrument or due bills evidencing such Holder’s right to receive such additional shares or such cash.

Deferral in Certain Circumstances. In any case in which the provisions of this Section 6 7 shall require that an adjustment shall become effective immediately after a record date of an event, the Company may defer until the occurrence of such event (ai) issuing to the Holder holder of any Warrant exercised after such record date and before the occurrence of such event the Warrant Shares and other shares of capital stock issuable upon such exercise by reason of the adjustment required by such event and issuing to such Holder holder only the shares of capital stock issuable upon such exercise before giving effect to such adjustments, and (bii) paying to such Holder holder any amount in of cash in lieu of a fractional share shares of capital stock pursuant to Section 2.3 4 above; provided, however, that the Company shall deliver to such Holder holder an appropriate instrument or due bills evidencing such Holderholder’s right to receive such additional shares Additional Shares and such cash or such cashother property.

Deferral in Certain Circumstances. In any case in which the provisions of this Section 6 4 shall require that an adjustment shall become effective immediately after a record date of an event, the Company may defer until the occurrence of such event (a) issuing to the Holder of with respect to any Warrant Warrants exercised after such record date and before the occurrence of such event the shares of capital stock issuable upon such exercise by reason of the adjustment required by such event and issuing to such Holder only the shares of capital stock issuable upon such exercise before giving effect to such adjustments, and (b) paying to such Holder any amount in cash in lieu of a fractional share of capital stock pursuant to Section 2.3 above; provided, however, that the Company shall deliver to such Holder an appropriate instrument or due bills evidencing such Holder’s 's right to receive such additional shares or such cash.

Deferral in Certain Circumstances. In any case in which the provisions of this Section 6 7 shall require that an adjustment shall become effective immediately after a record date of an event, the Company may defer until the occurrence of such event (ai) issuing to the Holder holder of any Warrant exercised after such record date and before the occurrence of such event the Warrant Shares and other shares of capital stock issuable upon such exercise by reason of the adjustment required by such event and issuing to such Holder holder only the shares of capital stock issuable upon such exercise before giving effect to such adjustments, and (bii) paying to such Holder holder any amount in of cash in lieu of a fractional share shares of capital stock pursuant to Section 2.3 4 above; provided, however, that the Company shall deliver to such Holder holder an appropriate instrument or due bills evidencing such Holderholder’s right to receive such additional shares Additional Shares and such cash or such cash.other property. (g)

Deferral in Certain Circumstances. In any case in which the provisions of this Section 6 6(c) shall require that an adjustment shall become effective immediately after a record date of an event, the Company Corporation may defer until the occurrence of such event (a1) issuing to the Holder holder of any Warrant exercised Series B Preferred Stock converted after such record date and before the occurrence of such event the shares of capital stock issuable upon such exercise conversion by reason of the adjustment required by such event and issuing to such Holder holder only the shares of capital stock issuable upon such exercise conversion before giving effect to such adjustments, and (b2) paying to such Holder holder any amount in cash in lieu of a fractional share of capital stock pursuant to Section 2.3 6(b) above; provided, however, that the Company Corporation shall deliver to such Holder holder an appropriate instrument or due bills evidencing such Holder’s holder's right to receive such additional shares or and such cash.

Deferral in Certain Circumstances. In any case in which the provisions of this Section 6 4 shall require that an adjustment shall become effective immediately after a record date of an event, the Company may defer until the occurrence of such event (a) issuing to the Holder of with respect to any Warrant Warrants exercised after such record date and before the occurrence of such event the shares of capital stock Common Stock issuable or cash payable upon such exercise by reason of the adjustment required by such event and issuing to such Holder only the shares of capital stock Common Stock issuable upon such exercise before giving effect to such adjustments, and (b) paying to such Holder any amount in cash in lieu of a fractional share of capital stock Common Stock pursuant to Section 2.3 above; provided, however, provided that the Company shall deliver to such Holder an appropriate instrument or due bills evidencing such Holder’s right to receive such additional shares or such cash.

Deferral in Certain Circumstances. In any case in which the provisions of this Section 6 7(d) shall require that an adjustment shall become effective immediately after a record date of an event, the Company may defer until the occurrence of such event (a1) issuing to the Holder holder of any Warrant exercised Series D Preferred Stock converted after such record date and before the occurrence of such event the shares of capital stock issuable upon such exercise conversion by reason of the adjustment required by such event and issuing to such Holder holder only the shares of capital stock issuable upon such exercise conversion before giving effect to such adjustments, and (b2) paying to such Holder holder any amount in cash in lieu of a fractional share of capital stock pursuant to Section 2.3 7(c) above; provided, however, that the Company shall deliver to such Holder holder an appropriate instrument or due bills evidencing such Holder’s holder's right to receive such additional shares or and such cash.