Common use of GENERAL ADJUSTMENT PROVISIONS Clause in Contracts

GENERAL ADJUSTMENT PROVISIONS. (a) Notwithstanding anything to the contrary contained in this Warrant, no adjustments to the Exercise Price or the number of shares of Common Stock purchasable upon exercise of this Warrant shall be made solely as a result of any Excluded Issuance. (b) In any case in which this Section 5 shall require that an adjustment be made retroactively immediately following a Record Date, the Company may elect to defer (but only until five (5) Business Days following the mailing by the Company to the Holder of the certificate as required by Section 5.8) issuing to the Holder, in the event of any exercise of this Warrant after such Record Date, the shares of the Common Stock issuable upon such exercise in excess of the shares of Common Stock issuable upon such exercise prior to such adjustment, if any. (c) The provisions and adjustments provided for in this Section 5 shall apply to successive events or occurrences of the types described in this Section 5. (d) For the purpose of making any adjustment required under this Section 5 that requires a determination of the aggregate consideration received by the Company for any sale, issue or distribution of securities, the aggregate consideration received by the Company shall equal the sum of: (i) to the extent it consists of cash, the net amount of cash received by the Company after deduction of any underwriting or similar commissions, compensation or concessions paid or allowed by the Company in connection with such issue or sale but without deduction of any expenses payable by the Company, and (ii) to the extent it consists of property or assets other than cash, the Fair Market Value of the property or assets.

GENERAL ADJUSTMENT PROVISIONS. (a) Notwithstanding anything to the contrary contained in this Warrant, no adjustments to the Exercise Price or the number of shares of Class A Common Stock (or other securities into which the Warrants may become exercisable) purchasable upon exercise of this Warrant shall be made solely as a result of any Excluded Issuance. (b) In any case in which this Section 5 shall require that an adjustment be made retroactively retroactive to the date immediately following a Record Date, the Company may elect to defer (but only until five (5) Business Days following the mailing by the Company to the Holder of the certificate as required by Section 5.8) issuing to the Holder, in the event of any exercise of this Warrant after such Record Date, the shares of the Class A Common Stock issuable upon such exercise in excess of the shares of Class A Common Stock issuable upon such exercise prior to such adjustment, if any. (c) The provisions and adjustments provided for in this Section 5 shall apply to successive events or occurrences of the types described in this Section 5. (d) For the purpose of making any adjustment required under this Section 5 that requires a determination of the aggregate consideration received by the Company for any sale, issue or distribution of securities, the aggregate consideration received by the Company shall equal the sum of: (i) to the extent it consists of cash, the net amount of cash received by the Company after deduction of any underwriting or similar commissions, compensation or concessions paid or allowed by the Company in connection with such issue or sale but without deduction of any expenses payable by the Company, and (ii) to the extent it consists of property or assets other than cash, the Fair Market Value of the property or assets.

GENERAL ADJUSTMENT PROVISIONS. (a) Notwithstanding anything to the contrary contained in this Warrant, no adjustments to the Exercise Price or the number of shares of Common Stock purchasable upon exercise of this Warrant shall be made solely as a result of any Excluded Issuance. (b) In any case in which this Section 5 shall require that an adjustment be made retroactively immediately following a Record Date, the Company may elect to defer (but only until five (5) Business Days following the mailing by the Company to the Holder of the certificate as required by Section 5.8) issuing to the Holder, in the event of any exercise of this Warrant after such Record Date, the shares of the Common Stock issuable upon such exercise in excess of the shares of Common Stock issuable upon such exercise prior to such adjustment, if any. (c) The provisions and adjustments provided for in this Section 5 shall apply to successive events or occurrences of the types described in this Section 5. (d) For the purpose of making any adjustment required under this Section 5 that requires a determination of the aggregate consideration received by the Company for any sale, issue or distribution of securities, the aggregate consideration received by the Company shall equal the sum of: (i) to the extent it consists of cash, the net amount of cash received by the Company after deduction of any underwriting or similar commissions, compensation or concessions paid or allowed by the Company in connection with such issue or sale but without deduction of any expenses payable by the Company, and (ii) to the extent it consists of property or assets other than cash, the Fair Market Value of the property or assets.

GENERAL ADJUSTMENT PROVISIONS. (a) Notwithstanding anything to the contrary contained in this Warrant, no adjustments to the Exercise Price or the number of shares of Class B Common Stock purchasable upon exercise of this Warrant shall be made solely as a result of any Excluded Issuance. (b) In any case in which this Section 5 shall require that an adjustment be made retroactively immediately following a Record Date, the Company may elect to defer (but only until five (5) Business Days following the mailing by the Company to the Holder of the certificate as required by Section 5.8) issuing to the Holder, in the event of any exercise of this Warrant after such Record Date, the shares of the Class B Common Stock issuable upon such exercise in excess of the shares of Class B Common Stock issuable upon such exercise prior to such adjustment, if any. (c) The provisions and adjustments provided for in this Section 5 shall apply to successive events or occurrences of the types described in this Section 5. (d) For the purpose of making any adjustment required under this Section 5 that requires a determination of the aggregate consideration received by the Company for any sale, issue or distribution of securities, the aggregate consideration received by the Company shall equal the sum of: (i) to the extent it consists of cash, the net amount of cash received by the Company after deduction of any underwriting or similar commissions, compensation or concessions paid or allowed by the Company in connection with such issue or sale but without deduction of any expenses payable by the Company, and (ii) to the extent it consists of property or assets other than cash, the Fair Market Value of the property or assets.