Common use of ISSUANCE OF COMMON STOCK OR RIGHTS OR OPTIONS Clause in Contracts

ISSUANCE OF COMMON STOCK OR RIGHTS OR OPTIONS. In the event that the Company shall issue shares of Common Stock, or rights, options or warrants to acquire shares of Common Stock, or securities convertible or exchangeable into shares of Common Stock, for consideration per share of Common Stock that is less than the Market Price per share of Common Stock as of the issuance date of such shares, or entitling the holders of such rights, options, warrants or convertible or exchangeable securities to subscribe for or purchase shares of Common Stock at a price that is less than the Market Price per share of Common Stock as of the issuance date of such rights, options, warrants or convertible or exchangeable securities, the number of shares of Common Stock issuable upon the exercise of each Warrant immediately after such issuance date shall be adjusted by multiplying the number of shares of Common Stock issuable upon exercise of such Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of such shares, rights, options, warrants or convertible or exchangeable securities plus the number of additional shares of Common Stock to be issued in such transaction or which may be issued upon exercise of such rights, options or warrants or conversion of such convertible or exchangeable securities, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of such shares or rights, options, warrants or convertible or exchangeable securities plus the total number of shares of Common Stock which the aggregate consideration expected to be received by the Company upon the issuance of such shares of Common Stock and the exercise, conversion or exchange of such rights, options, warrants or convertible or exchangeable securities (as reasonably determined in good faith by the Company's Board of Directors, whose determination shall be evidenced by a board resolution filed with the Warrant Agent, a copy of which will be sent to Warrantholders upon request) would purchase at the Market Price per share of Common Stock as of the date of such issuance. Subject to Section 6H, in the event of any such adjustment, the Exercise Price of each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such date of issuance by the fraction set forth in the foregoing sentence. No adjustment to the number of Warrant Shares issuable upon the exercise of a Warrant or to the Exercise Price shall be made as a result of (i) the issuance of any Warrants (or the later exercise thereof) in accordance with the terms of the Purchase Agreement as the same may be amended from time to time, (ii) the exercise, conversion or exchange of any right, option, warrant or convertible or exchangeable security, in accordance with its terms at the time of the issuance of such right, option, warrant or convertible or exchangeable security, whether or not the issuance thereof previously resulted in an adjustment to the number of Warrant Shares issuable upon the exercise of the Warrants or to the Exercise Price pursuant to this Xxxxxxx 0X, (xxx) the issuance of any Preferred Shares (or the later conversion thereof) in accordance with the terms of the Purchase Agreement as the same may be amended from time to time, or (iv) the issuance, award, exercise, conversion or exchange of shares of Common Stock or options to acquire shares of Common Stock under any employee or director benefit plan of the Company approved by the Company's Board of Directors if such issuance, award, exercise, conversion or exchange is made to, by, or for the benefit of officers, directors, employees or consultants of the Company in accordance with such employee or director benefit plan. Such adjustment shall be made, and shall only become effective, whenever such shares or such rights, options, warrants or convertible or exchangeable securities are issued. No adjustment shall be made pursuant to this Section 6C which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of each Warrant or increasing the Exercise Price.

ISSUANCE OF COMMON STOCK OR RIGHTS OR OPTIONS. In the event that at any time or from time to time the Company shall issue shares of Common Stock, Stock or rights, options or warrants to acquire shares of or securities convertible into or exchangeable for Common Stock, other than in a bona fide underwritten public offering by or securities convertible through a syndicate managed by an investment bank of national or exchangeable into shares of Common Stockregional standing, for a consideration per share (which, in the case of Common Stock convertible, exchangeable or exercisable securities shall be the amount received by the Company in consideration for the sale and issuance of such convertible, exchangeable or exercisable securities plus the minimum aggregate amount of additional consideration payable to the Company upon conversion, exchange or exercise thereof (as determined in good faith by the Board of Directors, whose determination shall be evidenced by a board resolution, a copy of which will be sent to the Warrantholder upon request), provided that the value attributable to such convertible, exchangeable or exercisable securities when issued as part of a unit with debt or other obligations of the Company shall be excluded to the extent it is a result of calculating the discount applicable to such debt or other obligations of the Company under generally accepted accounting principles) that is less than the greater of (a) the Current Market Price Value per share of Common Stock as of the issuance date of the Company agrees in writing to issue such sharesshares and (b) the Exercise Price, or entitling the holders of such rights, options, warrants or convertible or exchangeable securities to subscribe for or purchase shares of Common Stock at a price that is less than the Market Price per share of Common Stock as of the issuance date of such rights, options, warrants or convertible or exchangeable securities, then the number of shares of Common Stock issuable upon the exercise of each this Warrant immediately after such issuance date shall be adjusted determined by multiplying the number of shares of Common Stock issuable upon exercise of such this Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of date the Company agrees in writing to issue such shares, shares or rights, options, warrants or convertible or exchangeable securities plus the number of additional shares of Common Stock to be issued in such transaction or offered for subscription or purchase or into which may be issued upon exercise of such rights, options or warrants or conversion of such securities are convertible or exchangeable securitiesexchangeable, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of Company agrees in writing to issue such shares or rights, options, warrants or convertible or exchangeable securities plus the total number of shares of Common Stock which the aggregate consideration expected to be received by the Company upon the issuance of such shares of Common Stock and or the exercise, conversion or exchange of such rights, options, warrants or convertible or exchangeable securities (as reasonably determined in good faith by the Company's Board of Directors, whose determination shall be evidenced by a board resolution filed with the Warrant Agentresolution, a copy of which will be sent to Warrantholders the Warrantholder upon request) would purchase at the greater of (a) the Current Market Price Value per share of Common Stock as of the date of the Company agrees in writing to issue such issuance. Subject to Section 6Hshares or rights, options, warrants or securities and (b) the Exercise Price, and in the event of any such adjustment, the Exercise Price of each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such date of issuance by the fraction set forth in the foregoing sentence. No aforementioned fraction; provided that no adjustment to the number of Warrant Shares issuable upon the exercise of a this Warrant or to the Exercise Price shall be made as a result of (i) the issuance vesting or exercise of any Warrants (or the later exercise thereof) in accordance with the terms of the Purchase Agreement as the same may be amended from time to timethis Warrant, (ii) the exercise, conversion or exchange of any right, option, warrant or convertible or exchangeable security, in accordance with its terms at the time of the issuance of such right, option, warrant or convertible or exchangeable security, whether or not the issuance thereof which has previously resulted in required an adjustment to the number of Warrant Shares issuable upon the exercise of the Warrants this Warrant or to the Exercise Price pursuant to this Xxxxxxx 0XSection 6.3, (xxxiii) the issuance exercise, conversion or exchange of any Preferred Shares right, option, warrant or security outstanding on the Issue Date (to the extent such exercise, conversion or the later conversion thereof) exchange is made in accordance with the terms of such right, option, warrant or security as in effect on the Purchase Agreement as the same may be amended from time to time, Issue Date) or (iv) the issuance, award, exercise, conversion or exchange of options to acquire Common Stock by officers, directors or employees of the Company; and, provided further, that to the extent that the aggregate proceeds from any issuance of shares of Common Stock or options subject to acquire this Section 6.3 from the date of issuance of this Warrant do not exceed $100 million, this Section 6.3 shall be applied without reference to the Exercise Price in the determination of whether any adjustment shall be made to the number of shares issuable upon exercise of Common Stock under any employee or director benefit plan this Warrant and in the application of the Company approved formula for determining the extent of any such adjustment. Any adjustment required by the Company's Board of Directors if such issuance, award, exercise, conversion or exchange is made to, by, or for the benefit of officers, directors, employees or consultants of the Company in accordance with such employee or director benefit plan. Such adjustment this Section 6.3 shall be made, and shall only become effective, whenever such shares or such rights, options, warrants or convertible or exchangeable securities are issued. The terms of this provision shall be reapplied if the terms of a right, option, warrant or security convertible for or exchangeable into Common Stock are subsequently amended. No adjustment shall be made pursuant to this Section 6C 6.3 which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of each this Warrant or increasing the Exercise Price.

ISSUANCE OF COMMON STOCK OR RIGHTS OR OPTIONS. In the event that at any time or from time to time the Company shall issue shares of Common Stock, Stock or rights, options or warrants to acquire shares of or securities convertible into or exchangeable for Common Stock, other than in a bona fide underwritten public offering by or securities convertible through a syndicate managed by an investment bank of national or exchangeable into shares of Common Stockregional standing, for a consideration per share (which, in the case of Common Stock convertible, exchangeable or exercisable securities shall be the amount received by the Company in consideration for the sale and issuance of such convertible, exchangeable or exercisable securities plus the minimum aggregate amount of additional consideration payable to the Company upon conversion, exchange or exercise thereof (as determined in good faith by the Board of Directors, whose determination shall be evidenced by a board resolution, a copy of which will be sent to the Warrantholder upon request), PROVIDED that the value attributable to such convertible, exchangeable or exercisable securities when issued as part of a unit with debt or other obligations of the Company shall be excluded to the extent it is a result of calculating the discount applicable to such debt or other obligations of the Company under generally accepted accounting principles) that is less than the greater of (a) the Current Market Price Value per share of Common Stock as of the issuance date of the Company agrees in writing to issue such sharesshares and (b) the Exercise Price, or entitling the holders of such rights, options, warrants or convertible or exchangeable securities to subscribe for or purchase shares of Common Stock at a price that is less than the Market Price per share of Common Stock as of the issuance date of such rights, options, warrants or convertible or exchangeable securities, then the number of shares of Common Stock issuable upon the exercise of each this Warrant immediately after such issuance date shall be adjusted determined by multiplying the number of shares of Common Stock issuable upon exercise of such this Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of date the Company agrees in writing to issue such shares, shares or rights, options, warrants or convertible or exchangeable securities plus the number of additional shares of Common Stock to be issued in such transaction or offered for subscription or purchase or into which may be issued upon exercise of such rights, options or warrants or conversion of such securities are convertible or exchangeable securitiesexchangeable, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of Company agrees in writing to issue such shares or rights, options, warrants or convertible or exchangeable securities plus the total number of shares of Common Stock which the aggregate consideration expected to be received by the Company upon the issuance of such shares of Common Stock and or the exercise, conversion or exchange of such rights, options, warrants or convertible or exchangeable securities (as reasonably determined in good faith by the Company's Board of Directors, whose determination shall be evidenced by a board resolution filed with the Warrant Agentresolution, a copy of which will be sent to Warrantholders the Warrantholder upon request) would purchase at the greater of (a) the Current Market Price Value per share of Common Stock as of the date of the Company agrees in writing to issue such issuance. Subject to Section 6Hshares or rights, options, warrants or securities and (b) the Exercise Price, and in the event of any such adjustment, the Exercise Price of each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such date of issuance by the fraction set forth in the foregoing sentence. No aforementioned fraction; PROVIDED that no adjustment to the number of Warrant Shares issuable upon the exercise of a this Warrant or to the Exercise Price shall be made as a result of (i) the issuance vesting or exercise of any Warrants (or the later exercise thereof) in accordance with the terms of the Purchase Agreement as the same may be amended from time to timethis Warrant, (ii) the exercise, conversion or exchange of any right, option, warrant or convertible or exchangeable security, in accordance with its terms at the time of the issuance of such right, option, warrant or convertible or exchangeable security, whether or not the issuance thereof which has previously resulted in required an adjustment to the number of Warrant Shares issuable upon the exercise of the Warrants this Warrant or to the Exercise Price pursuant to this Xxxxxxx 0XSection 6.3, (xxxiii) the issuance exercise, conversion or exchange of any Preferred Shares right, option, warrant or security outstanding on the Issue Date (to the extent such exercise, conversion or the later conversion thereof) exchange is made in accordance with the terms of such right, option, warrant or security as in effect on the Purchase Agreement as the same may be amended from time to time, Issue Date) or (iv) the issuance, award, exercise, conversion or exchange of options to acquire Common Stock by officers, directors or employees of the Company; and, PROVIDED FURTHER, that to the extent that the aggregate proceeds from any issuance of shares of Common Stock or options subject to acquire this Section 6.3 from the date of issuance of this Warrant do not exceed $100 million, this Section 6.3 shall be applied without reference to the Exercise Price in the determination of whether any adjustment shall be made to the number of shares issuable upon exercise of Common Stock under any employee or director benefit plan this Warrant and in the application of the Company approved formula for determining the extent of any such adjustment. Any adjustment required by the Company's Board of Directors if such issuance, award, exercise, conversion or exchange is made to, by, or for the benefit of officers, directors, employees or consultants of the Company in accordance with such employee or director benefit plan. Such adjustment this Section 6.3 shall be made, and shall only become effective, whenever such shares or such rights, options, warrants or convertible or exchangeable securities are issued. The terms of this provision shall be reapplied if the terms of a right, option, warrant or security convertible for or exchangeable into Common Stock are subsequently amended. No adjustment shall be made pursuant to this Section 6C 6.3 which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of each this Warrant or increasing the Exercise Price.

ISSUANCE OF COMMON STOCK OR RIGHTS OR OPTIONS. In the event that the Company shall issue shares of Common Stock, or rights, options or warrants to acquire shares of Common Stock, or securities convertible or exchangeable into shares of Common Stock, for consideration per share of Common Stock that is less than the Market Price per share of Common Stock as of the issuance date of such shares, or entitling the holders of such rights, options, warrants or convertible or exchangeable securities to subscribe for or purchase shares of Common Stock at a price that is less than the Market Price per share of Common Stock as of the issuance date of such rights, options, warrants or convertible or exchangeable securities, the number of shares of Common Stock issuable upon the exercise of each Warrant immediately after such issuance date shall be adjusted by multiplying the number of shares of Common Stock issuable upon exercise of such Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of such shares, rights, options, warrants or convertible or exchangeable securities plus the number of additional shares of Common Stock to be issued in such transaction or which may be issued upon exercise of such rights, options or warrants or conversion of such convertible or exchangeable securities, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of such shares or rights, options, warrants or convertible or exchangeable securities plus the total number of shares of Common Stock which the aggregate consideration expected to be received by the Company upon the issuance of such shares of Common Stock and the exercise, conversion or exchange of such rights, options, warrants or convertible or exchangeable securities (as reasonably determined in good faith by the Company's Board of Directors, whose determination shall be evidenced by a board resolution filed with the Warrant Agent, a copy of which will be sent to Warrantholders upon request) would purchase at the Market Price per share of Common Stock as of the date of such issuance. Subject to Section 6H, in the event of any such adjustment, the Exercise Price of each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such date of issuance by the fraction set forth in the foregoing sentence. No adjustment to the number of Warrant Shares issuable upon the exercise of a Warrant or to the Exercise Price shall be made as a result of (i) the issuance of any Warrants (or the later exercise thereof) in accordance with the terms of the Purchase Agreement as the same may be amended from time to time, (ii) the exercise, conversion or exchange of any right, option, warrant or convertible or exchangeable security, in accordance with its terms at the time of the issuance of such right, option, warrant or convertible or exchangeable security, whether or not the issuance thereof previously resulted in an adjustment to the number of Warrant Shares issuable upon the exercise of the Warrants or to the Exercise Price pursuant to this Xxxxxxx 0XSection 6C, (xxxiii) the issuance of any Preferred Shares (or the later conversion thereofcxxxxxxxxx xxxxxxx) in accordance with the terms of the Purchase Agreement as the same may be amended from time to time, or (iv) the issuance, award, exercise, conversion or exchange of shares of Common Stock or options to acquire shares of Common Stock under any employee or director benefit plan of the Company approved by the Company's Board of Directors if such issuance, award, exercise, conversion or exchange is made to, by, or for the benefit of officers, directors, employees or consultants of the Company in accordance with such employee or director benefit plan. Such adjustment shall be made, and shall only become effective, whenever such shares or such rights, options, warrants or convertible or exchangeable securities are issued. No adjustment shall be made pursuant to this Section 6C which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of each Warrant or increasing the Exercise Price.

ISSUANCE OF COMMON STOCK OR RIGHTS OR OPTIONS. In the event that at any time or from time to time the Company shall issue shares of Common Stock, Stock or rights, options or warrants to acquire shares of Common Stock, or securities convertible or exchangeable into shares of Common Stock, Stock for a consideration per share of Common Stock that is less than the Current Market Price Value per share of Common Stock as of the issuance date of such shares, or entitling the holders of such rights, options, warrants or convertible or exchangeable securities to subscribe for or purchase shares of Common Stock at a price that is less than the Current Market Price Value per share of Common Stock as of the issuance date of such rights, options, warrants or convertible or exchangeable securities, the number of shares of Common Stock issuable upon the exercise of each Warrant immediately after such issuance date shall be adjusted determined by multiplying the number of shares of Common Stock issuable upon exercise of such each Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding out standing immediately preceding the issuance of such shares, shares or rights, options, warrants or convertible or exchangeable securities plus the number of additional shares of Common Stock to be issued in such transaction or offered for subscription or purchase or into which may be issued upon exercise of such rights, options or warrants or conversion of such securities are convertible or exchangeable securitiesexchangeable, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of such shares or rights, options, warrants or convertible or exchangeable securities plus the total number of shares of Common Stock which the aggregate consideration expected to be received by the Company upon the issuance of such shares of Common Stock and or the exercise, conversion or exchange of such rights, options, warrants or convertible or exchangeable securities (as reasonably determined in good faith by the Company's Board of Directors, whose determination shall be evidenced by a board resolution filed with the Warrant Agent, a copy of which will be sent to Warrantholders Holders upon request) would purchase pur chase at the Current Market Price Value per share of Common Stock as of the date of such issuance. Subject ; and, subject to Section 6H4.08, in the event of any such adjustment, the Exercise Price of each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such date of issuance by the fraction set forth in the foregoing sentence. No aforementioned fraction; provided, however, that no adjustment to the number of Warrant Shares issuable upon the exercise of a Warrant the Warrants or to the Exercise Price shall be made as a result of (i) the issuance of any Warrants (or the later exercise thereof) in accordance with the terms of the Purchase Agreement as the same may be amended from time to timeWarrants, (ii) the exercise, conversion or exchange of any right, option, warrant or convertible or exchangeable security, in accordance with its terms at the time of the issuance of such right, option, warrant or convertible or exchangeable security, whether or not the issuance thereof which has previously resulted in required an adjustment to the number of Warrant Shares issuable upon the exercise of the Warrants or to the Exercise Price pursuant to this Xxxxxxx 0XSection 4.03, (xxxiii) the issuance exercise, conversion or exchange of any Preferred Shares right, option, warrant or security outstanding on the Issue Date (to the extent such exercise, conversion or the later conversion thereof) exchange is made in accordance with the terms of such right, option, warrant or security as in effect on the Purchase Agreement as the same may be amended from time to timeIssue Date), or (iv) the issuance of the Company's 9.2% Series B Junior Cumulative Convertible Preferred Stock or the conversion thereof in accordance with the terms of such Convertible Preferred Stock as in effect on the Issue Date or (v) the issuance, award, exercise, conversion or exchange of options to acquire Common Stock by officers, directors or employees of the Company; provided, however, that the aggregate number of shares of Common Stock or options subject to acquire this clause (v) shall not exceed 1% of the number of shares of Common Stock under any employee or director benefit plan of outstanding on a fully diluted basis on the Company approved by the Company's Board of Directors if such issuance, award, exercise, conversion or exchange is made to, by, or for the benefit of officers, directors, employees or consultants of the Company in accordance with such employee or director benefit planIssue Date. Such adjustment shall be made, and shall only become effective, whenever such shares or such rights, options, warrants or convertible or exchangeable securities are issued. No adjustment shall be made pursuant to this Section 6C 4.03 which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of each Warrant or increasing the Exercise Price.

ISSUANCE OF COMMON STOCK OR RIGHTS OR OPTIONS. In the event that at any time or from time to time the Company shall issue shares of Common Stock, Stock or rights, options or warrants to acquire shares of Common Stock, or securities convertible or exchangeable into shares of Common Stock, other than in a bona fide underwritten public offering by or through a syndicate managed by an investment bank of national or regional standing, (a) for a consideration per share (which, in the case of Common Stock that is less than the Market Price per share of Common Stock as of the issuance date of such sharesconvertible, exchangeable or entitling the holders of such rights, options, warrants or convertible or exchangeable exercisable securities to subscribe for or purchase shares of Common Stock at a price that is less than the Market Price per share of Common Stock as of the issuance date of such rights, options, warrants or convertible or exchangeable securities, the number of shares of Common Stock issuable upon the exercise of each Warrant immediately after such issuance date shall be adjusted by multiplying the number of shares of Common Stock issuable upon exercise of such Warrant immediately prior to such issuance date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the issuance of such shares, rights, options, warrants or convertible or exchangeable securities plus the number of additional shares of Common Stock to be issued in such transaction or which may be issued upon exercise of such rights, options or warrants or conversion of such convertible or exchangeable securities, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the issuance of such shares or rights, options, warrants or convertible or exchangeable securities plus the total number of shares of Common Stock which the aggregate consideration expected to be amount received by the Company upon in consideration for the sale and issuance of such shares convertible, exchangeable or exercisable securities plus the minimum aggregate amount of Common Stock and additional consideration payable to the exerciseCompany upon conversion, conversion exchange or exchange of such rights, options, warrants or convertible or exchangeable securities exercise thereof (as reasonably determined in good faith by the Company's Board of Directors, whose determination shall be evidenced by a board resolution filed with the Warrant Agent, a copy of which will be sent to Warrantholders Holders upon request); provided, however, that the value attributable to such convertible, exchangeable or exercisable securities when issued as part of a unit with debt or other obligations of the Company shall be excluded to the extent it is a result of calculating the discount applicable to such debt or other obligations of the Company under generally accepted accounting principles) would that is less than the Closing Price, or (b) entitling the holders of rights, options, warrants or securities not originally issued in connection with an underwritten public offering to subscribe for or purchase at the Market Price per share shares of Common Stock as of the date of such issuance. Subject to Section 6H, in the event of any such adjustmentat a price that is Closing Price, the Exercise Price exercise price of each Warrant immediately following the date the Company agrees in writing to issue such shares, rights, options, warrants or other securities, as the case may be (such date being the "Transaction Date") shall be adjusted determined pursuant to a number determined by dividing the following formula: Exercise Price = (N * EP) + (TN * TP) (N + TN) Where: N = The number of shares of Common Stock outstanding immediately prior preceding the Transaction Date. EP = The exercise price of the Warrant immediately preceding the Transaction Date. TN = The number of shares of Common Stock issued in such transaction or offered for subscription or purchase or into which the rights, options, warrants or other securities issued in such transaction are convertible or exchangeable. TP = The price per share received or to such date of issuance be received by the fraction set forth Company for the shares of Common Stock issued in such transaction or upon the foregoing sentenceexercise, conversion or exchange of such rights, options, warrants or other securities issued in such transaction. No ; provided, however, that no adjustment to the number of Warrant Shares issuable upon the exercise of a Warrant the Warrants or to the Exercise Price shall be made as a result of (i) the issuance of any Warrants (vesting or the later exercise thereof) in accordance with the terms of the Purchase Agreement as the same may be amended from time to timeWarrants, (ii) the exercise, conversion or exchange of any right, option, warrant or convertible or exchangeable security, in accordance with its terms at the time of the issuance of such right, option, warrant or convertible or exchangeable security, whether or not the issuance thereof which has previously resulted in required an adjustment to the number of Warrant Shares issuable upon the exercise of the Warrants or to the Exercise Price pursuant to this Xxxxxxx 0XSection 4.03, (xxxiii) the issuance exercise, conversion or exchange of any Preferred Shares right, option, warrant or security outstanding on the Issue Date (to the extent such exercise, conversion or the later conversion thereof) exchange is made in accordance with the terms of such right, option, warrant or security as in effect on the Purchase Agreement as the same may be amended from time to time, Issue Date) or (iv) the issuance, award, exercise, conversion or exchange of shares of Common Stock or options to acquire shares of Common Stock under any employee by officers, directors or director benefit plan employees of the Company approved Company. Any adjustment required by the Company's Board of Directors if such issuance, award, exercise, conversion or exchange is made to, by, or for the benefit of officers, directors, employees or consultants of the Company in accordance with such employee or director benefit plan. Such adjustment this Section 4.03 shall be made, and shall only become effective, whenever such shares or such rights, options, warrants or convertible or exchangeable securities are issued. No adjustment shall be made pursuant to this Section 6C 4.03 which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of each Warrant or increasing the Exercise Price.