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 at any time or from time to time the Company shall issue shares of Common Stock or rights, options or warrants or securities convertible into or exchangeable for 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, for a consideration per share (which, in the case of 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 Value per share of Common Stock as of the date the Company agrees in writing to issue such shares and (b) the Exercise Price, then the number of shares of Common Stock issuable upon the exercise of this Warrant immediately after such date shall be determined by multiplying the number of shares of Common Stock issuable upon exercise of this Warrant immediately prior to such date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the date the Company agrees in writing to issue such shares or rights, options, warrants or 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 such securities are convertible or exchangeable, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date the Company agrees in writing to issue such shares or rights, options, warrants or 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 or the exercise, conversion or exchange of such rights, options, warrants or securities (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) would purchase at the greater of (a) the Current Market Value per share of Common Stock as of the date the Company agrees in writing to issue such shares or rights, options, warrants or securities and (b) the Exercise Price, and in the event of any such adjustment, the Exercise Price shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such date by the aforementioned fraction; provided that no adjustment to the number of Warrant Shares issuable upon the exercise of this Warrant or to the Exercise Price shall be made as a result of (i) the vesting or exercise of this Warrant, (ii) the exercise, conversion or exchange of any right, option, warrant or security, the issuance of which has previously required an adjustment to the number of Warrant Shares issuable upon the exercise of this Warrant or to the Exercise Price pursuant to this Section 6.3, (iii) the exercise, conversion or exchange of any right, option, warrant or security outstanding on the Issue Date (to the extent such exercise, conversion or exchange is made in accordance with the terms of such right, option, warrant or security as in effect on the Issue Date) or (iv) the issuance, 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 subject to 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 this Warrant and in the application of the formula for determining the extent of any such adjustment. Any adjustment required by this Section 6.3 shall be made, and shall only become effective, whenever such shares or such rights, options, warrants or 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 6.3 which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of 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 or rights, options or warrants or securities convertible into or exchangeable for 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, for a consideration per share (which, in the case of 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 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 Value per share of Common Stock as of the date the Company agrees in writing to issue such shares and (b) the Exercise Price, then the number of shares of Common Stock issuable upon the exercise of this Warrant immediately after such date shall be determined by multiplying the number of shares of Common Stock issuable upon exercise of this Warrant immediately prior to such date by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately preceding the date the Company agrees in writing to issue such shares or rights, options, warrants or 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 such securities are convertible or exchangeable, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date the Company agrees in writing to issue such shares or rights, options, warrants or 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 or the exercise, conversion or exchange of such rights, options, warrants or securities (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) would purchase at the greater of (a) the Current Market Value per share of Common Stock as of the date the Company agrees in writing to issue such shares or rights, options, warrants or securities and (b) the Exercise Price, and in the event of any such adjustment, the Exercise Price shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such date by the aforementioned fraction; provided PROVIDED that no adjustment to the number of Warrant Shares issuable upon the exercise of this Warrant or to the Exercise Price shall be made as a result of (i) the vesting or exercise of this Warrant, (ii) the exercise, conversion or exchange of any right, option, warrant or security, the issuance of which has previously required an adjustment to the number of Warrant Shares issuable upon the exercise of this Warrant or to the Exercise Price pursuant to this Section 6.3, (iii) the exercise, conversion or exchange of any right, option, warrant or security outstanding on the Issue Date (to the extent such exercise, conversion or exchange is made in accordance with the terms of such right, option, warrant or security as in effect on the Issue Date) or (iv) the issuance, exercise, conversion or exchange of options to acquire Common Stock by officers, directors or employees of the Company; and, provided furtherPROVIDED FURTHER, that to the extent that the aggregate proceeds from any issuance of shares of Common Stock subject to 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 this Warrant and in the application of the formula for determining the extent of any such adjustment. Any adjustment required by this Section 6.3 shall be made, and shall only become effective, whenever such shares or such rights, options, warrants or 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 6.3 which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of 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 Common Stock, or securities convertible into or exchangeable for 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, for a consideration per share (which, in the case of 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) Common Stock that is less than the greater of (a) the Current Market Value Price per share of Common Stock as of the issuance date of such shares, or entitling the Company agrees in writing holders of such rights, options, warrants or convertible or exchangeable securities to issue 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 shares and (b) the Exercise Pricerights, then options, warrants or convertible or exchangeable securities, the number of shares of Common Stock issuable upon the exercise of this each Warrant immediately after such issuance date shall be determined adjusted by multiplying the number of shares of Common Stock issuable upon exercise of this 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 date the Company agrees in writing to issue issuance of such shares or 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 offered for subscription which may be issued upon exercise of such rights, options or purchase warrants or into which conversion of such securities are convertible or exchangeableexchangeable securities, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the Company agrees in writing to issue 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 or 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 resolutionresolution filed with the Warrant Agent, a copy of which will be sent to the Warrantholder Warrantholders upon request) would purchase at the greater of (a) the Current Market Value Price per share of Common Stock as of the date the Company agrees in writing of such issuance. Subject to issue such shares or rightsSection 6H, 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 aforementioned fraction; provided that no fraction set forth in the foregoing sentence. No adjustment to the number of Warrant Shares issuable upon the exercise of this a Warrant or to the Exercise Price shall be made as a result of (i) the vesting issuance of any Warrants (or the later exercise thereof) in accordance with the terms of this Warrantthe 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 which has such right, option, warrant or convertible or exchangeable security, whether or not the issuance thereof previously required resulted in an adjustment to the number of Warrant Shares issuable upon the exercise of this Warrant the Warrants or to the Exercise Price pursuant to this Section 6.3Xxxxxxx 0X, (iiixxx) 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 rightemployee or director benefit plan of the Company approved by the Company's Board of Directors if such issuance, optionaward, warrant or security outstanding on the Issue Date (to the extent such exercise, conversion or exchange is made to, by, or for the benefit of officers, directors, employees or consultants of the Company in accordance with the terms of such right, option, warrant employee or security as in effect on the Issue Date) or (iv) the issuance, 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 subject to 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 director benefit plan. Such adjustment shall be made to the number of shares issuable upon exercise of this Warrant and in the application of the formula for determining the extent of any such adjustment. Any adjustment required by 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 6.3 6C which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of this 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 or rights, options or warrants or securities convertible into or exchangeable for into 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, Stock for a consideration per share (which, in the case of 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 Value per share of Common Stock as of the issuance date of such shares, or entitling the Company agrees in writing holders of such rights, options, warrants or securities to issue subscribe for or purchase shares of Common Stock at a price that is less than the Current Market Value per share of Common Stock as of the issuance date of such shares and (b) the Exercise Pricerights, then options, warrants or securities, the number of shares of Common Stock issuable upon the exercise of this each Warrant immediately after such issuance date shall be determined by multiplying the number of shares of Common Stock issuable upon exercise of this 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 date the Company agrees in writing to issue issuance of such shares or rights, options, warrants or 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 such securities are convertible or exchangeable, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the Company agrees in writing to issue issuance of such shares or rights, options, warrants or 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 or the exercise, conversion or exchange of such rights, options, warrants or securities (as determined in good faith by the Board of Directors, whose determination shall be evidenced by a board resolutionresolution filed with the Warrant Agent, a copy of which will be sent to the Warrantholder Holders upon request) would purchase pur chase at the greater of (a) the Current Market Value per share of Common Stock as of the date the Company agrees in writing of such issuance; and, subject to issue such shares or rightsSection 4.08, options, warrants or securities and (b) the Exercise Price, and in the event of any such adjustment, the Exercise Price shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such date of issuance by the aforementioned fraction; provided provided, however, that no adjustment to the number of Warrant Shares issuable upon the exercise of this Warrant the Warrants or to the Exercise Price shall be made as a result of (i) the vesting or exercise of this Warrantthe Warrants, (ii) the exercise, conversion or exchange of any right, option, warrant or security, the issuance of which has previously required an adjustment to the number of Warrant Shares issuable upon the exercise of this Warrant the Warrants or to the Exercise Price pursuant to this Section 6.34.03, (iii) the exercise, conversion or exchange of any right, option, warrant or security outstanding on the Issue Date (to the extent such exercise, conversion or exchange is made in accordance with the terms of such right, option, warrant or security as in effect on the Issue Date), (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 (ivv) the issuance, exercise, conversion or exchange of options to acquire Common Stock by officers, directors or employees of the Company; andprovided, provided furtherhowever, that to the extent that the aggregate proceeds from any issuance number of shares of Common Stock subject to this Section 6.3 from the date of issuance of this Warrant do clause (v) shall not exceed $100 million, this Section 6.3 shall be applied without reference to the Exercise Price in the determination 1% of whether any adjustment shall be made to the number of shares issuable upon exercise of this Warrant and in Common Stock outstanding on a fully diluted basis on the application of the formula for determining the extent of any such adjustmentIssue Date. Any Such adjustment required by this Section 6.3 shall be made, and shall only become effective, whenever such shares or such rights, options, warrants or 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 6.3 4.03 which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of this 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 or rights, options or warrants or securities convertible into or exchangeable for into 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 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 resolutionresolution filed with the Warrant Agent, a copy of which will be sent to the Warrantholder Holders upon request); provided, 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) that is less than the greater Closing Price, or (b) entitling the holders of (a) the Current Market Value per share rights, options, warrants or securities not originally issued in connection with an underwritten public offering to subscribe for or purchase shares of Common Stock as at a price that is Closing Price, the exercise price of each Warrant immediately following the date the Company agrees in writing to issue such shares and shares, rights, options, warrants or other securities, as the case may be (b) the Exercise Price, then the number of shares of Common Stock issuable upon the exercise of this Warrant immediately after such date being the "Transaction Date") shall be determined by multiplying pursuant to the number of shares of Common Stock issuable upon exercise of this Warrant immediately prior to such date by a fraction, the numerator of which shall be the following formula: Exercise Price = (N * EP) + (TN * TP) (N + TN) Where: N = The number of shares of Common Stock outstanding immediately preceding the date Transaction Date. EP = The exercise price of the Company agrees in writing to issue such shares or rights, options, warrants or securities plus Warrant immediately preceding the Transaction Date. TN = The number of additional shares of Common Stock to be issued in such transaction or offered for subscription or purchase or into which such securities are convertible or exchangeable, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date the Company agrees in writing to issue such shares or rights, options, warrants or other securities plus the total number of shares of Common Stock which the aggregate consideration expected issued in such transaction are convertible or exchangeable. TP = The price per share received or to be received by the Company for the shares of Common Stock issued in such transaction or upon the issuance of such shares or the exercise, conversion or exchange of such rights, options, warrants or other securities (as determined issued in good faith by the Board of Directorssuch transaction. ; provided, whose determination shall be evidenced by a board resolutionhowever, a copy of which will be sent to the Warrantholder upon request) would purchase at the greater of (a) the Current Market Value per share of Common Stock as of the date the Company agrees in writing to issue such shares or rights, options, warrants or securities and (b) the Exercise Price, and in the event of any such adjustment, the Exercise Price shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such date by the aforementioned fraction; provided that no adjustment to the number of Warrant Shares issuable upon the exercise of this Warrant the Warrants or to the Exercise Price shall be made as a result of (i) the vesting or exercise of this Warrantthe Warrants, (ii) the exercise, conversion or exchange of any right, option, warrant or security, the issuance of which has previously required an adjustment to the number of Warrant Shares issuable upon the exercise of this Warrant the Warrants or to the Exercise Price pursuant to this Section 6.34.03, (iii) the exercise, conversion or exchange of any right, option, warrant or security outstanding on the Issue Date (to the extent such exercise, conversion or exchange is made in accordance with the terms of such right, option, warrant or security as in effect on the Issue Date) or (iv) the issuance, 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 subject to 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 this Warrant and in the application of the formula for determining the extent of any such adjustment. Any adjustment required by this Section 6.3 4.03 shall be made, and shall only become effective, whenever such shares or such rights, options, warrants or 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 6.3 4.03 which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of this 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 into or exchangeable for 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, for a consideration per share (which, in the case of 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) Common Stock that is less than the greater of (a) the Current Market Value Price per share of Common Stock as of the issuance date of such shares, or entitling the Company agrees in writing holders of such rights, options, warrants or convertible or exchangeable securities to issue 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 shares and (b) the Exercise Pricerights, then options, warrants or convertible or exchangeable securities, the number of shares of Common Stock issuable upon the exercise of this each Warrant immediately after such issuance date shall be determined adjusted by multiplying the number of shares of Common Stock issuable upon exercise of this 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 date the Company agrees in writing to issue issuance of such shares or 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 offered for subscription which may be issued upon exercise of such rights, options or purchase warrants or into which conversion of such securities are convertible or exchangeableexchangeable securities, and the denominator of which shall be the number of shares of Common Stock outstanding immediately preceding the date for the Company agrees in writing to issue 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 or 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 resolutionresolution filed with the Warrant Agent, a copy of which will be sent to the Warrantholder Warrantholders upon request) would purchase at the greater of (a) the Current Market Value Price per share of Common Stock as of the date the Company agrees in writing of such issuance. Subject to issue such shares or rightsSection 6H, 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 aforementioned fraction; provided that no fraction set forth in the foregoing sentence. No adjustment to the number of Warrant Shares issuable upon the exercise of this a Warrant or to the Exercise Price shall be made as a result of (i) the vesting issuance of any Warrants (or the later exercise thereof) in accordance with the terms of this Warrantthe 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 which has such right, option, warrant or convertible or exchangeable security, whether or not the issuance thereof previously required resulted in an adjustment to the number of Warrant Shares issuable upon the exercise of this Warrant the Warrants or to the Exercise Price pursuant to this Section 6.36C, (iii) the issuance of any Preferred Shares (or the later cxxxxxxxxx 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 rightemployee or director benefit plan of the Company approved by the Company's Board of Directors if such issuance, optionaward, warrant or security outstanding on the Issue Date (to the extent such exercise, conversion or exchange is made to, by, or for the benefit of officers, directors, employees or consultants of the Company in accordance with the terms of such right, option, warrant employee or security as in effect on the Issue Date) or (iv) the issuance, 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 subject to 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 director benefit plan. Such adjustment shall be made to the number of shares issuable upon exercise of this Warrant and in the application of the formula for determining the extent of any such adjustment. Any adjustment required by 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 6.3 6C which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of this each Warrant or increasing the Exercise Price.