Common use of Expiration of Option or Convertible Right Clause in Contracts

Expiration of Option or Convertible Right. With respect to any Deemed Issuance of Common Stock, effective as of the close of business on the first business day on which no share of Common Stock may thereafter be issued upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock (whether by reason of (i) the full exercise of all Options and/or Convertible Securities Included in such Deemed Issuance of Common Stock or (ii) the expiration or termination of any right to exercise any Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised and/or (iii) the purchase by the Company and cancellation or retirement of some or all Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised), the shares of Common Stock then acquirable shall be adjusted by (A) recalculating pursuant hereto the adjustment of the Warrant Price and the shares of Common Stock acquirable immediately prior to such Deemed Issuance of Common Stock, basing such recalculation on each issuance of shares of Common Stock upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock, rather than the Common Stock Outstanding on which the original calculation was based and (B) recalculating each other adjustment, if any, made to the Warrant Price and the shares of Common Stock acquirable subsequent to such Deemed Issuance of Common Stock based on subsequent Issuances of Common Stock, utilizing the Warrant Price and the shares of Common Stock acquirable as adjusted pursuant to clause (A) of this paragraph (c) and including in Common Stock Outstanding for such purpose only the shares of Common Stock actually issued upon the exercise of Options and/or Convertible Securities included in such Deemed Issuance of Common Stock in place of the shares of Common Stock Outstanding in respect of such Deemed Issuance of Common Stock as utilized in the original calculations of those adjustments.

Expiration of Option or Convertible Right. With respect to any Deemed Issuance of Common Stock, effective as of the close of business on the first business day on which no share of Common Stock may thereafter be issued upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock (whether by reason of (i) the full exercise of all Options and/or Convertible Securities Included in such Deemed Issuance of Common Stock or (ii) the expiration or termination of any right to exercise any Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised and/or (iii) the purchase by the Company and cancellation or retirement of some or all Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised), the shares of Common Stock then acquirable Warrant Price shall be adjusted by (Ax) recalculating pursuant hereto the adjustment of the Warrant Price and the shares of Common Stock acquirable immediately prior pursuant to such Deemed Issuance of Common Stock, Section 4(d) hereof; basing such recalculation on each issuance of shares of Common Stock upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock, rather than the Common Stock Outstanding on which the original calculation was based and (By) recalculating each other adjustment, if any, made to the Warrant Price and the shares of Common Stock acquirable subsequent to such Deemed Issuance of Common Stock based on subsequent Issuances of Common Stock, utilizing the Warrant Price and the shares of Common Stock acquirable as adjusted pursuant to clause subsection (Ai) of this paragraph (cSection 4(d) and including in Common Stock Outstanding for such purpose only the shares of Common Stock actually issued upon the exercise of Options and/or Convertible Securities included in such Deemed Issuance of Common Stock in place of the shares of Common Stock Outstanding in respect of such Deemed Issuance of Common Stock as utilized in the original calculations of those adjustments.

Expiration of Option or Convertible Right. With --------------------------------------------- respect to any Deemed Issuance of Common Stock, effective as of the close of business on the first business day on which no share of Common Stock may thereafter be issued upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock (whether by reason of (i) the full exercise of all Options and/or Convertible Securities Included in such Deemed Issuance of Common Stock or (ii) the expiration or termination of any right to exercise any Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised and/or (iii) the purchase by the Company and cancellation or retirement of some or all Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised), the shares of Common Stock then acquirable shall be adjusted by (A) recalculating pursuant hereto the adjustment of the Warrant Price and the shares of Common Stock acquirable immediately prior to such Deemed Issuance of Common Stock, basing such recalculation on each issuance of shares of Common Stock upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock, rather than the Common Stock Outstanding on which the original calculation was based and (B) recalculating each other adjustment, if any, made to the Warrant Price and the shares of Common Stock acquirable subsequent to such Deemed Issuance of Common Stock based on subsequent Issuances of Common Stock, utilizing the Warrant Price and the shares of Common Stock acquirable as adjusted pursuant to clause (A) of this paragraph (c) and including in Common Stock Outstanding for such purpose only the shares of Common Stock actually issued upon the exercise of Options and/or Convertible Securities included in such Deemed Issuance of Common Stock in place of the shares of Common Stock Outstanding in respect of such Deemed Issuance of Common Stock as utilized in the original calculations of those adjustments.

Expiration of Option or Convertible Right. With respect to any Deemed Issuance of Common Stock, effective as of the close of business on the first business day on which no share of Common Stock may thereafter be issued upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock (whether by reason of (iof(i) the full exercise of all Options and/or Convertible Securities Included in such Deemed Issuance of Common Stock or (ii) the expiration or termination of any right to exercise any Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised and/or (iii) the purchase by the Company and cancellation or retirement of some or all Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised), the shares of Common Stock then acquirable Warrant Price shall be adjusted by (Ax) recalculating pursuant hereto the adjustment of the Warrant Price and the shares of Common Stock acquirable immediately prior pursuant to such Deemed Issuance of Common StockSection 4(d) hereof, basing such recalculation on each issuance of shares of Common Stock upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock, rather than the Common Stock Outstanding on which the original calculation was based and (By) recalculating each other adjustment, if any, made to the Warrant Price and the shares of Common Stock acquirable subsequent to such Deemed Issuance of Common Stock based on subsequent Issuances of Common Stock, utilizing the Warrant Price and the shares of Common Stock acquirable as adjusted pursuant to clause subsection (Ai) of this paragraph (cSection 4(d) and including in Common Stock Outstanding for such purpose only the shares of Common Stock actually issued upon the exercise of Options and/or Convertible Securities included in such Deemed Issuance of Common Stock in place of the shares of Common Stock Outstanding in respect of such Deemed Issuance of Common Stock as utilized in the original calculations of those adjustments.

Expiration of Option or Convertible Right. With respect to any Deemed Issuance of Common Stock, effective as of the close of business on the first business day on which no share of Common Stock may thereafter be issued upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock (whether by reason of (i) the full exercise of all Options and/or Convertible Securities Included in such Deemed Issuance of Common Stock or (ii) the expiration or termination of any right to exercise any Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised and/or (iii) the purchase by the Company and cancellation or retirement of some or all Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised), the shares of Common Stock then acquirable Warrant Price shall be adjusted by (Ax) recalculating pursuant hereto the adjustment of the Warrant Price and the shares of Common Stock acquirable immediately prior pursuant to such Deemed Issuance of Common StockSection 4(d) hereof, basing such recalculation on each issuance of shares of Common Stock upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock, rather than the Common Stock Outstanding on which the original calculation was based and (By) recalculating each other adjustment, if any, made to the Warrant Price and the shares of Common Stock acquirable subsequent to such Deemed Issuance of Common Stock based on subsequent Issuances of Common Stock, utilizing the Warrant Price and the shares of Common Stock acquirable as adjusted pursuant to clause subsection (Ai) of this paragraph (cSection 4(d) and including in Common Stock Outstanding for such purpose only the shares of Common Stock actually issued upon the exercise of Options and/or Convertible Securities included in such Deemed Issuance of Common Stock in place of the shares of Common Stock Outstanding in respect of such Deemed Issuance of Common Stock as utilized in the original calculations of those adjustments.

Expiration of Option or Convertible Right. With respect to any Deemed Issuance of Common Stock, effective as of the close of business on the first business day on which no share of Common Stock may thereafter be issued upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock (whether by reason of (iof(i) the full exercise of all Options and/or Convertible Securities Included in such Deemed Issuance of Common Stock or (ii) the ii)the expiration or termination of any right to exercise any Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised and/or (iii) the purchase by the Company and cancellation or retirement of some or all Options and/or Convertible Securities included in such Deemed Issuance of Common Stock that have not theretofore been exercised), the shares of Common Stock then acquirable Warrant Price shall be adjusted by (Ax) recalculating pursuant hereto the adjustment of the Warrant Price and the shares of Common Stock acquirable immediately prior pursuant to such Deemed Issuance of Common StockSection 4(d) hereof, basing such recalculation on each issuance of shares of Common Stock upon an exercise of an Option or Convertible Security included in such Deemed Issuance of Common Stock, rather than the Common Stock Outstanding on which the original calculation was based and (By) recalculating each other adjustment, if any, made to the Warrant Price and the shares of Common Stock acquirable subsequent to such Deemed Issuance of Common Stock based on subsequent Issuances of Common Stock, utilizing the Warrant Price and the shares of Common Stock acquirable as adjusted pursuant to clause subsection (Ai) of this paragraph (cSection 4(d) and including in Common Stock Outstanding for such purpose only the shares of Common Stock actually issued upon the exercise of Options and/or Convertible Securities included in such Deemed Issuance of Common Stock in place of the shares of Common Stock Outstanding in respect of such Deemed Issuance of Common Stock as utilized in the original calculations of those adjustments.