Common use of Limitation on Adjustment Clause in Contracts

Limitation on Adjustment. The foregoing provisions of this Section 3 notwithstanding, the Exercise Price shall not be reduced as a result of the application of Section 3(b), (c) or (d) in connection with the one-time reduction in the exercise price of certain of the warrants issued by the Company in 2015 (with an adjusted exercise price of $4.50 as of the date of the Investment Agreement) in connection with and conditioned upon the consummation of the transactions contemplated by the Transaction Documents (as set forth in the Amendment and Exchange Agreements entered into on August 19, 2016 between the Company and certain holders of the Company’s preferred stock).