Common use of Further Equitable Adjustments Clause in Contracts

Further Equitable Adjustments. If, after one or more adjustments to the Exercise Price pursuant to this Section 5.1, the Exercise Price cannot be reduced further without falling below the greater of (i) the par value of the Common Stock and the Non-Voting Common Stock or (ii) the lowest positive exercise price legally permissible for warrants to acquire shares of common stock, the Company shall make further adjustments to compensate the Holders, consistent with the foregoing principles, as the Board of Directors of the Company, acting in good faith, deems necessary, including an increase in the number of Warrant Shares issuable upon exercise of outstanding Warrants and/or a cash payment to the Holders.

Further Equitable Adjustments. If, after one or more adjustments to the Exercise Price pursuant to this Section 5.1, the Exercise ----------- Price cannot be reduced further without falling below the greater of (i) the par value of the Common Stock and the Non-Voting Common Stock or (ii) the lowest positive exercise price legally permissible for warrants to acquire shares of common stock, the Company shall make further adjustments to compensate the Holders, consistent with the foregoing principles, as the Board of Directors of the Company, acting in good faith, deems necessary, including an increase in the number of Warrant Shares issuable upon exercise of outstanding Warrants and/or a cash payment to the Holders.