Common use of DETERMINATION OF CURRENT MARKET PRICE PER SHARE OF COMMON STOCK Clause in Contracts

DETERMINATION OF CURRENT MARKET PRICE PER SHARE OF COMMON STOCK. The Current Market Price per share of Common Stock shall in each instance initially be determined by the Issuer in accordance with the provisions of the definition of Current Market Price in Section 1 hereof. The Issuer shall notify the Holders of such determination. If the holders of a majority in interest of the Warrants disagree with the determination of the Issuer, the Issuer shall appoint an Independent Financial Expert to determine the Current Market Price per share of Common Stock and the determination of the Independent Financial Expert shall govern for purposes of determining the adjustment pursuant to this Section. The Issuer shall notify each holder of Warrants of the final determination of the Current Market Price per share of Common Stock. The Issuer shall pay the fees and expenses of the Independent Financial Expert.

DETERMINATION OF CURRENT MARKET PRICE PER SHARE OF COMMON STOCK. The Current Market Price per share of Common Stock shall in each instance 14 initially be determined by the Issuer in accordance with the provisions of the definition of Current Market Price in Section 1 hereof. The Issuer shall notify the Holders of such determination. If the holders of a majority in interest of the Warrants disagree with the determination of the Issuer, the Issuer shall appoint an Independent Financial Expert to determine the Current Market Price per share of Common Stock and the determination of the Independent Financial Expert shall govern for purposes of determining the adjustment pursuant to this Section. The Issuer shall notify each holder of Warrants of the final determination of the Current Market Price per share of Common Stock. The Issuer shall pay the fees and expenses of the Independent Financial Expert.