Common use of NASDAQ Limitation Clause in Contracts

NASDAQ Limitation. Notwithstanding any other provision in this Section 4 to the contrary, if a reduction in the Exercise Price pursuant to this Warrant would require the Company to obtain stockholder approval of the transactions contemplated under any agreement between the Company and the Holder pursuant to any applicable Nasdaq rules, including Nasdaq Marketplace Rule 4350(i), and such stockholder approval has not been obtained, the Exercise Price shall be reduced to the maximum Exercise Price that would not require stockholder approval under such applicable Nasdaq rules. In no event shall the Exercise Price be reduced below the greater of book value or market value on the Issuance Date.

NASDAQ Limitation. Notwithstanding any other provision in this Section 4 4(d) to the contrary, if a reduction in the Exercise Price pursuant to this Warrant Section 4(d) would require the Company to obtain stockholder approval of the transactions contemplated under any agreement between by the Company and the Holder Securities Purchase Agreement pursuant to any applicable Nasdaq rules, including Nasdaq Marketplace Rule 4350(i), and such stockholder approval has not been obtained, the Exercise Price shall be reduced to the maximum Exercise Price that would not require stockholder approval under such applicable Nasdaq rules. In no event shall the Exercise Price be reduced below the greater of book value or market value on the Issuance DateClosing Date of the Securities Purchase Agreement.

NASDAQ Limitation. Notwithstanding any other provision in this Section 4 to the contrary, if a reduction in the Exercise Price pursuant to this Warrant would require the Company to obtain stockholder approval of the transactions contemplated under any agreement between by the Company and the Holder Securities Purchase Agreement pursuant to any applicable Nasdaq rules, including Nasdaq Marketplace Rule 4350(i), and such stockholder approval has not been obtained, the Exercise Price shall be reduced to the maximum Exercise Price that would not require stockholder approval under such applicable Nasdaq rules. In no event shall the Exercise Price be reduced below the greater of book value or market value on the Issuance DateClosing Date of the Securities Purchase Agreement.

NASDAQ Limitation. Notwithstanding any other provision in this Section 4 to the contrary, if a reduction in the Exercise Price pursuant to this Warrant would require the Company to obtain stockholder approval of the transactions contemplated under any agreement between by the Company and the Holder Exchange Agreement pursuant to any applicable Nasdaq NASDAQ rules, including Nasdaq NASDAQ Marketplace Rule 4350(i)5635, and such stockholder approval has not been obtained, the Exercise Price shall be reduced to the maximum Exercise Price that would not require stockholder approval under such applicable Nasdaq NASDAQ rules. In no event shall the Exercise Price be reduced below the greater of book value or market value on the Issuance DateSigning Date of the Exchange Agreement as determined in accordance with applicable NASDAQ rules.