Common use of Dividend, Subdivision, Combination or Reclassification of Common Stock Clause in Contracts

Dividend, Subdivision, Combination or Reclassification of Common Stock. In the event that the Company shall at any time or from time to time, after the issuance of this Warrant but prior to the exercise or conversion hereof, (a) make a dividend or distribution on the outstanding shares of Common Stock payable in shares of Common Stock, (b) subdivide the outstanding shares of Common Stock into a larger number of shares, (c) combine the outstanding shares of Common Stock into a smaller number of shares or (d) issue any shares of its Capital Stock in a reclassification of the Common Stock (other than any such event for which an adjustment is made pursuant to another provision of this Section 12), then, and in each such case, the Warrant Share Number immediately prior to such event shall be adjusted (and any other appropriate actions shall be taken by the Company) so that the Warrantholder shall be entitled to receive upon the exercise or conversion of this Warrant the number of shares of Common Stock or other securities of the Company that the Warrantholder would have owned or would have been entitled to receive upon or by reason of any event described above, had this Warrant been exercised or converted immediately prior to the occurrence of such event. Any adjustment made pursuant to this Section 12(A) shall become effective retroactively (i) in the case of any such dividend or distribution, to the date immediately following the close of business on the record date for the determination of holders of shares of Common Stock entitled to receive such dividend or distribution or (ii) in the case of any such subdivision, combination or reclassification, to the close of business on the date on which such corporate action becomes effective.

Dividend, Subdivision, Combination or Reclassification of Common Stock. In the event that the Company shall at any time or from time to time, after the issuance of this Warrant but prior to the exercise or conversion hereof, (a) make a dividend or distribution on the outstanding shares of Common Stock payable in shares of Common Stock, (b) subdivide the outstanding shares of Common Stock into a larger number of shares, (c) combine the outstanding shares of Common Stock into a smaller number of shares or (d) issue any shares of its Capital Stock in a reclassification of the Common Stock (other than any such event for which an adjustment is made pursuant to another provision of this Section 12), then, and in each such case, the Warrant Share Number immediately prior to such event shall be adjusted (and any other appropriate actions shall be taken by the Company) so that the Warrantholder shall be entitled to receive upon the exercise or conversion of this Warrant the a number of shares of Common Stock or other securities of the Company that the Warrantholder would have owned or would have been entitled to receive upon or by reason of any event described above, had this Warrant been exercised or converted immediately prior to the occurrence of such event, calculated to the nearest 1/1,000th of a share. Any adjustment made pursuant to this Section 12(A) shall become effective retroactively (i) in the case of any such dividend or distribution, if the same shall not be subject to any express condition which shall not have already occurred, to the date immediately following the close of business on the record date for the determination of holders of shares of Common Stock entitled to receive such dividend or distribution or (ii) in the case of any such subdivision, combination or reclassification, to the close of business on the date on which such corporate action becomes effective.

Dividend, Subdivision, Combination or Reclassification of Common Stock. In the event that the Company Corporation shall at any time or from time to time, after the issuance of this Warrant but prior to the exercise or conversion hereof, of shares of Series D Preferred Stock (aw) make pay a dividend or make a distribution on the outstanding shares of Common Stock payable in shares Capital Stock of Common Stockthe Corporation, (bx) subdivide the outstanding shares of Common Stock into a larger number of shares, (cy) combine the outstanding shares of Common Stock into a smaller number of shares or (dz) issue any shares of its Capital Stock in a reclassification of the Common Stock (other than any such event for which an adjustment is made pursuant to another provision clause of this Section 127(c) of Article V.B), then, and in each such case, the Warrant Share Number Series D Conversion Price in effect immediately prior to such event shall be adjusted (and any other appropriate actions shall be taken by the CompanyCorporation) so that the Warrantholder holder of any share of Series D Preferred Stock thereafter surrendered for conversion shall be entitled to receive upon the exercise or conversion of this Warrant the number of shares of Common Stock or other securities of the Company Corporation that the Warrantholder such holder would have owned or would have been entitled to receive upon or by reason of any event of the events described above, had this Warrant such share of Series D Preferred Stock been exercised or converted immediately prior to the occurrence of such event. Any An adjustment made pursuant to this Section 12(A7(c)(i) of Article V.B shall become effective retroactively (ix) in the case of any such dividend or distribution, to the a date immediately following the close of business on the record date for the determination of holders of shares of Common Stock entitled to receive such dividend or distribution or (iiy) in the case of any such subdivision, combination or reclassification, to the close of business on the date on day upon which such corporate action becomes effective.

Dividend, Subdivision, Combination or Reclassification of Common Stock. In the event that If the Company shall shall, at any time or from time to time, time after the issuance of this Warrant but prior to the exercise or conversion hereof, : (ai) make a dividend or distribution on the outstanding shares of Common Stock payable in shares of Common Stockcapital stock, (bii) subdivide the or reclassify or reorganize its outstanding shares of Common Stock into a larger greater number of shares, shares or (ciii) combine the or reclassify or reorganize its outstanding shares of Common Stock into a smaller number of shares or (d) issue any shares of its Capital Stock in a reclassification of the Common Stock (other than any such event for which an adjustment is made pursuant to another provision of this Section 12)shares, then, and then in each such case, the number and kind of Warrant Share Number immediately prior to such event Shares shall be automatically adjusted (and any other appropriate actions shall be taken by the Company) so that the Warrantholder Holder upon exercise hereof shall be entitled to receive upon the exercise or conversion of this Warrant kind and the number of shares of Common Stock Warrant Shares or other securities of the Company that the Warrantholder Holder would have owned or would have been entitled to receive upon or by reason after the happening of any event of the events described above, above had this Warrant been exercised or converted immediately prior to the occurrence happening of such eventevent or any record date with respect thereto. Any adjustment made pursuant to this Section 12(A5(a) shall become effective retroactively (iA) in the case of any such dividend or distribution, to the date immediately following on the close of business on the record date for the determination of holders of shares of Common Stock entitled to receive such dividend or distribution or (iiB) in the case of any such subdivision, combination or reclassification, to on the close of business on the date on day upon which such corporate action becomes effective.

Dividend, Subdivision, Combination or Reclassification of Common Stock. In the event that the Company Corporation shall at any time or from time to time, after the issuance of this Warrant but prior to the exercise or conversion hereof, of shares of Series E Preferred Stock (aw) make pay a dividend or make a distribution on the outstanding shares of Common Stock payable in shares Capital Stock of Common Stockthe Corporation, (bx) subdivide the outstanding shares of Common Stock into a larger number of shares, (cy) combine the outstanding shares of Common Stock into a smaller number of shares or (dz) issue any shares of its Capital Stock in a reclassification of the Common Stock (other than any such event for which an adjustment is made pursuant to another provision clause of this Section 127(c) of Article V.C), then, and in each such case, the Warrant Share Number Series E Conversion Price in effect immediately prior to such event shall be adjusted (and any other appropriate actions shall be taken by the CompanyCorporation) so that the Warrantholder holder of any share of Series E Preferred Stock thereafter surrendered for conversion shall be entitled to receive upon the exercise or conversion of this Warrant the number of shares of Common Stock or other securities of the Company Corporation that the Warrantholder such holder would have owned or would have been entitled to receive upon or by reason of any event of the events described above, had this Warrant such share of Series E Preferred Stock been exercised or converted immediately prior to the occurrence of such event. Any An adjustment made pursuant to this Section 12(A7(c)(i) of Article V.C shall become effective retroactively (ix) in the case of any such dividend or distribution, to the a date immediately following the close of business on the record date for the determination of holders of shares of Common Stock entitled to receive such dividend or distribution or (iiy) in the case of any such subdivision, combination or reclassification, to the close of business on the date on day upon which such corporate action becomes effective.

Dividend, Subdivision, Combination or Reclassification of Common Stock. In the event that the Company shall at any time or from time to time, after the issuance of this Warrant but prior to the exercise or conversion hereof, (a) make a dividend or distribution on the outstanding shares of Common Stock payable in shares of Common Stock, (b) subdivide the outstanding shares of Common Stock into a larger number of shares, (c) combine the outstanding shares of Common Stock into a smaller number of shares or (d) issue any shares of its Capital Stock in a reclassification of the Common Stock (other than any such event for which an adjustment is made pursuant to another provision of this Section 12), then, and in each such case, the Warrant Share Number immediately prior to such event shall be adjusted (and any other appropriate actions shall be taken by the Company) so that the Warrantholder shall be entitled to receive upon the exercise or conversion of this Warrant the a number of shares of Common Stock or other securities of the Company that the Warrantholder would have owned or would have been entitled to receive upon or by reason of any event described above, had this Warrant been exercised or converted immediately prior to the occurrence of such event, calculated to the nearest 1/1,000th of a share. Any adjustment made pursuant to this Section 12(A) shall become effective retroactively (i) in the case of any such dividend or distribution, to the date immediately following the close of business on the record date for the determination of holders of shares of Common Stock entitled to receive such dividend or distribution or (ii) in the case of any such subdivision, combination or reclassification, to the close of business on the date on which such corporate action becomes effective.

Dividend, Subdivision, Combination or Reclassification of Common Stock. In the event that the Company shall at any time or from time to time, after the issuance of this Warrant but prior to the exercise or conversion hereof, (a) make a dividend or distribution on the outstanding shares of Common Stock payable in shares of Common Stock, (b) subdivide the outstanding shares of Common Stock into a larger number of shares, (c) combine the outstanding shares of Common Stock into a smaller number of shares or (d) issue any shares of its Capital Stock in a reclassification of the Common Stock (other than any such event for which an adjustment is made pursuant to another provision of this Section 12), then, and in each such case, the Warrant Share Number immediately prior to such event shall be adjusted (and any other appropriate actions shall be taken by the Company) so that the Warrantholder shall be entitled to receive upon the exercise or conversion of this Warrant the number of shares of Common Stock or other securities of the Company that the Warrantholder would have owned or would have been entitled to receive upon or by reason of any event described above, had this Warrant been exercised or converted immediately prior to the occurrence of such event. Any adjustment made pursuant to this Section 12(A) shall become effective retroactively (i) in the case of any such dividend or distribution, to the date immediately following the close of business on the record date for the determination of holders of shares of Common Stock entitled to receive such dividend or distribution or (ii) in the case of any such subdivision, combination or reclassification, to the close of business on the date on which such corporate action becomes effective.

Dividend, Subdivision, Combination or Reclassification of Common Stock. In the event that the Company Corporation shall at any time or from time to time, after the issuance of this Warrant but prior to the exercise or conversion hereof, of shares of Series E Preferred Stock (aw) make pay a dividend or make a distribution on the outstanding shares of Common Stock payable in shares Capital Stock of Common Stockthe Corporation, (bx) subdivide the outstanding shares of Common Stock into a larger number of shares, (cy) combine the outstanding shares of Common Stock into a smaller number of shares or (dz) issue any shares of its Capital Stock in a reclassification of the Common Stock (other than any such event for which an adjustment is made pursuant to another provision clause of this Section 127(c) of Article V.C), then, and in each such case, the Warrant Share Number Series E Conversion Price in effect immediately prior to such event shall be adjusted (and any other appropriate actions shall be taken by the CompanyCorporation) so that the Warrantholder holder of any share of Series E Preferred Stock thereafter surrendered for conversion shall be entitled to receive upon the exercise or conversion of this Warrant the number of shares of Common Stock or other securities of the Company Corporation that the Warrantholder such holder would have owned or would have been entitled to receive upon or by reason of any event of the events described above, had this Warrant such share of Series E Preferred Stock been exercised or converted immediately prior to the occurrence of such event. Any An adjustment made pursuant to this Section 12(A7(c)(i) of Article V.C shall become effective retroactively (ix) in the case of any such dividend or distribution, to the a date immediately following the close of business on the record date for the determination of holders of shares of Common Stock entitled to receive such dividend or distribution or (iiy) in the case of any such subdivision, combination or reclassification, to the close of business on the date on day upon which such corporate action becomes effective.. Table of Contents