Common use of Increase in Number of Shares Deliverable Upon Designated Event Clause in Contracts

Increase in Number of Shares Deliverable Upon Designated Event. (a) If a Designated Event occurs prior to the Expiration Date and a Warrantholder elects to exercise its Warrants in connection with such Designated Event, the Company will increase the number of shares of Common Stock to which the Warrantholder is entitled with respect to such exercised Warrants as provided in this Article 4. An exercise of a Warrant shall be deemed for the purposes of this Article 4 to be “in connection with” a Designated Event if the Exercise Date for such Warrant falls during the period commencing on the effective date of the relevant Designated Event (the “Effective Date”) and ending on the 40th Scheduled Trading Day following the Effective Date for such Designated Event. (b) Notwithstanding Section 4.01(a), the number of shares of Common Stock shall not be increased in the case of any Designated Event if at least 90% of the consideration, excluding Cash payments for fractional shares of Common Stock and Cash payments made pursuant to dissenters’ appraisal rights, in a transaction otherwise constituting a Designated Event consists of shares of common stock, depositary receipts or other certificates representing common equity interests traded on the New York Stock Exchange, the Nasdaq or the Nasdaq Global Market (or any of their respective successors), or will be so traded immediately following such transaction, and as a result of such transaction such Warrants become exercisable solely for such consideration.

Increase in Number of Shares Deliverable Upon Designated Event. (a) If a Designated Event occurs prior to the Expiration Date and a Warrantholder elects to exercise its Warrants in connection with such Designated Event, the Company will increase the number of shares of Common Stock to which the Warrantholder is entitled with respect to such exercised Warrants as provided in this Article 4. An exercise of a Warrant shall be deemed for the purposes of this Article 4 to be “in connection with” a Designated Event if the Exercise Date for such Warrant falls during the period commencing on the effective date of the relevant Designated Event (the “Effective Date”) and ending on the 40th Scheduled Trading Day following the Effective Date for such Designated Event. (b) Notwithstanding Section 4.01(a), the number of shares of Common Stock shall not be increased in the case of any Designated Event if at least 90% of the consideration, excluding Cash payments for fractional shares of Common Stock and Cash payments made pursuant to dissenters’ appraisal rights, in a transaction otherwise constituting a Designated Event consists of shares of common stock, depositary receipts or other certificates representing common equity interests traded on the New York Stock Exchange, the Nasdaq NYSE or the Nasdaq Global Market NASDAQ (or any of their respective successors), or will be so traded immediately following such transaction, and as a result of such transaction such Warrants become exercisable solely for such consideration.

Increase in Number of Shares Deliverable Upon Designated Event. (a) If a Designated Event occurs on or prior to the Expiration Date and a Warrantholder the Holder elects to exercise its Warrants this Warrant in connection with such Designated EventEvent (or this Warrant is automatically exercised in connection therewith), the Company will increase the number of shares of Common Stock to which the Warrantholder Holder is entitled with respect to such exercised Warrants hereto as provided in this Article 4ARTICLE III. An exercise of a this Warrant shall be deemed for the purposes of this Article 4 ARTICLE III to be “in connection with” a Designated Event if the Exercise Date for such this Warrant falls during the period commencing on the effective date of the relevant Designated Event (the “Effective Date”) and ending on the 40th fortieth (40th) Scheduled Trading Day following the Effective Date for such Designated Event. (b) Notwithstanding Section 4.01(a3.01(a), the number of shares of Common Stock shall not be increased in the case of any Designated Event if at least ninety percent (90% %) of the consideration, excluding Cash payments for fractional shares of Common Stock and Cash payments made pursuant to dissenters’ appraisal rights, in a transaction otherwise constituting a Designated Event consists of shares of common stock, depositary receipts or other certificates representing common equity interests traded on the New York Stock Exchange, the Nasdaq or the Nasdaq Global Market (or any of their respective successors), or will be so traded immediately following such transaction, and as a result of such transaction such Warrants become this Warrant becomes exercisable solely for such consideration.

Increase in Number of Shares Deliverable Upon Designated Event. (a) If a Designated Event occurs prior to the Expiration Date and a Warrantholder the Holder elects to exercise its Warrants this Warrant in connection with such Designated Event, the Company will increase the number of shares of Common Stock to which the Warrantholder Holder is entitled with respect to such exercised Warrants hereto as provided in this Article 4ARTICLE III. An exercise of a this Warrant shall be deemed for the purposes of this Article 4 ARTICLE III to be “"in connection with” " a Designated Event if the Exercise Date for such this Warrant falls during the period commencing on the effective date of the relevant Designated Event (the “"Effective Date”") and ending on the 40th fortieth (40th) Scheduled Trading Day following the Effective Date for such Designated Event. (b) Notwithstanding Section 4.01(a3.01(a), the number of shares of Common Stock shall not be increased in the case of any Designated Event if at least ninety percent (90% %) of the consideration, excluding Cash payments for fractional shares of Common Stock and Cash payments made pursuant to dissenters’ ' appraisal rights, in a transaction otherwise constituting a Designated Event consists of shares of common stock, depositary receipts or other certificates representing common equity interests traded on the New York Stock Exchange, the Nasdaq or the Nasdaq Global Market (or any of their respective successors), or will be so traded immediately following such transaction, and as a result of such transaction such Warrants become this Warrant becomes exercisable solely for such consideration.