Common use of Expiration of Rights, Options, etc Clause in Contracts

Expiration of Rights, Options, etc. Upon the expiration of any rights, options, warrants or conversion or exchange privileges referred to above in this Section 3.01, without the full exercise thereof, the Exercise Price, and the number of shares of Common Stock purchasable upon the exercise of this Warrant shall, upon such expiration, be readjusted and shall thereafter be such as such Exercise Price and such number of shares of Common Stock would have been had they been originally adjusted as if (i) the only shares of Common Stock available to be purchased upon exercise of such rights, options, warrants or conversion or exchange privileges were the shares of Common Stock, if any, actually issued or sold upon the exercise of such rights, options, warrants or conversion or exchange privileges and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all such rights, options, warrants or conversion or exchange privileges whether or not exercised; provided, however, that no such readjustment shall have the effect of increasing the Exercise Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such rights, options, warrants or conversion of exchange privileges.

Expiration of Rights, Options, etc. Upon the expiration of any rights, options, warrants or conversion or exchange privileges referred to above in this Section 3.01, without the full exercise thereof, the Exercise Price, Price and the number of shares of Common Stock purchasable upon the exercise of this Contingent Warrant shall, upon such expiration, be readjusted and shall thereafter be such as such Exercise Price and such number of shares of Common Stock would have been had they been originally adjusted as if (i) the only shares of Common Stock available to be purchased upon exercise of such rights, options, warrants or conversion or exchange privileges were the shares of Common Stock, if any, actually issued or sold upon the exercise of such rights, options, warrants or conversion or exchange privileges and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all such rights, options, warrants or conversion or exchange privileges whether or not exercised; provided, however, that no such readjustment shall have the effect of increasing the Exercise Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such rights, options, warrants or conversion of exchange privileges.