Common use of Minimum Adjustment of Exercise Price Clause in Contracts

Minimum Adjustment of Exercise Price. No adjustment of the Exercise Price shall be made in an amount of less than $0.01, subject to adjustment for reverse and forward stock splits and the like, and any such lesser adjustment shall be carried forward and shall be made at the time and together with the next subsequent adjustment which, together with any adjustments so carried forward, shall amount to not less than $0.01, subject to adjustment for reverse and forward stock splits and the like. For purposes of this Section 11(c), the number of shares of Common Stock deemed to be “issued and outstanding” as of a given time shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding at such time plus the number of shares of Common Stock issuable upon conversion of the Company’s Series AA Preferred Stock and the Notes at such time.

Minimum Adjustment of Exercise Price. No adjustment of the Exercise Price shall be made in an amount of less than $0.01, subject to adjustment for reverse and forward stock splits and the like, and any such lesser adjustment shall be carried forward and shall be made at the time and together with the next subsequent adjustment which, together with any adjustments so carried forward, shall amount to not less than $0.01, subject to adjustment for reverse and forward stock splits and the like. For purposes of this Section 11(c11(b), the number of shares of Common Stock deemed to be “"issued and outstanding” " as of a given time shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding at such time plus the number of shares of Common Stock issuable upon conversion of the Company’s Series AA Preferred Stock and the Notes at such time.

Minimum Adjustment of Exercise Price. No adjustment of the Exercise Price shall be made in an amount of less than $0.01, subject to adjustment for reverse and forward stock splits and the like, and any such lesser adjustment shall be carried forward and shall be made at the time and together with the next subsequent adjustment which, together with any adjustments so carried forward, shall amount to not less than $0.01, subject to adjustment for reverse and forward stock splits and the like. For purposes of this Section 11(c), the number of shares of Common Stock deemed to be “issued and outstanding” as of a given time shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding at such time plus the number of shares of Common Stock issuable upon conversion of the Company’s Series AA Preferred Stock and the Notes at such time.

Minimum Adjustment of Exercise Price. No adjustment of the Exercise Price shall be made in an amount of less than $0.01, subject to adjustment for reverse and forward stock splits and the like, and any such lesser adjustment shall be carried forward and shall be made at the time and together with the next subsequent adjustment which, together with any adjustments so carried forward, shall amount to not less than $0.01, subject to adjustment for reverse and forward stock splits and the like. For purposes of this Section 11(c11(b), the number of shares of Common Stock deemed to be “issued and outstanding” as of a given time shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding at such time plus the number of shares of Common Stock issuable upon conversion of the Company’s Series AA Preferred Stock and the Notes at such time.