Common use of No Adjustment of Conversion Price Clause in Contracts

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common unless the consideration per share (as determined pursuant to paragraph 4(d)(v)) for an Additional Share of Common issued or deemed to be issued by the Corporation is less than the Conversion Price in effect on the date of, and immediately prior to such issue, for such series of Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common unless the consideration per share (as determined pursuant to paragraph 4(d)(vSection 4(d)(vii)) for an Additional Share of Common issued or deemed to be issued by the Corporation is less than the Conversion Price in effect on the date of, and immediately prior to such issue, for such series of Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common unless the consideration per share (as determined pursuant to paragraph 4(d)(vSection 4(d)(vi)) for an Additional Share of Common issued or deemed to be issued by the Corporation is less than the Conversion Price in effect on the date of, and immediately prior to such issue, for such series of Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common unless the consideration per share (as determined pursuant to paragraph 4(d)(v)) for an Additional Share of Common issued or deemed to be issued by the Corporation is less than then the applicable Conversion Price of such series of Preferred in effect on the date of, and immediately prior to to, such issue, for such series of Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common unless such issuance is after the date of filing of these Amended and Restated Articles of Incorporation and the consideration per share (as determined pursuant to paragraph 4(d)(v)) for an Additional Share of Common issued or deemed to be issued by the Corporation is less than the Conversion Price in effect on the date of, and immediately prior to such issue, for such series of Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular any series of Preferred Stock Shares shall be made in respect of the issuance or deemed issuance of Additional Common Shares of Common unless the consideration per share Share (as determined pursuant to paragraph 4(d)(vSection 3.07(f)(v)) for an Additional Common Share of Common issued or deemed to be issued by the Corporation Company is less than the Conversion Price for such series of Preferred Shares in effect on the date of, and immediately prior to to, such issue, for such series of Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the Series A Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common made, unless the consideration per share (as determined pursuant to paragraph 4(d)(vSection 5(h)(v)) for an Additional Share of Common Stock issued or deemed to be issued by the Corporation corporation is less than the Series A Conversion Price in effect on the date of, and immediately prior to to, the issue of such issue, for such series of Preferred StockAdditional Shares.

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series share of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common unless the consideration per share (as determined pursuant to paragraph 4(d)(v)) for an Additional Share of Common issued or deemed to be issued by the Corporation Company is less than the Conversion Price in effect on the date of, and immediately prior to such issue, for such series share of Preferred Stock. No adjustment in the Conversion Price otherwise required by this paragraph 4 shall affect any shares of Common Stock issued upon conversion of Preferred Stock prior to such adjustment.

No Adjustment of Conversion Price. No Any provision herein to the contrary notwithstanding, no adjustment in the applicable Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (as determined pursuant to paragraph 4(d)(v)Section 4.d(v) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Corporation Company is less than the applicable Conversion Price in effect on the date of, and immediately prior to such issue, for such series of Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series share of Series D Preferred Stock shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (as determined pursuant to paragraph 4(d)(v)) for an Additional Share of Common Stock issued or deemed to be issued by the Corporation is less than the Conversion Price in effect on the date of, and immediately prior to such issue, for such series share of Series D Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common unless the consideration per share (as determined pursuant to paragraph 4(d)(v)) for an Additional Share of Common issued or deemed to be issued by the Corporation is less than the Conversion Price in effect on the date of, and immediately prior to such issue, for such series of Preferred Stock.. (iii)

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series share of Series A Preferred Stock shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (as determined pursuant to paragraph 4(d)(v)) for an Additional Share of Common Stock issued or deemed to be issued by the Corporation is less than the Conversion Price in effect on the date of, and immediately prior to such issue, for such series share of Series A Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the Conversion Price number of a particular series shares of Common Stock into which the Series A Preferred Stock is convertible shall be made made, by adjustment in respect of the issuance of Additional Shares of Common Series A Conversion Price, as applicable, unless the consideration per share (as determined pursuant to paragraph 4(d)(vSubsection 5(d)(v)) for an Additional Share of Common Stock issued or deemed to be issued by the Corporation is less than the Series A Conversion Price in effect on the date of, and immediately prior to to, the issue of such issue, for such series of Preferred StockAdditional Shares.

No Adjustment of Conversion Price. No Any provision herein to the contrary notwithstanding, no adjustment in the Series A Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (as determined pursuant to paragraph 4(d)(v)Section 3(d)(v) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Corporation is less than the Series A Conversion Price in effect on the date of, and immediately prior to to, such issue, for such series of Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the applicable Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (as determined pursuant to paragraph Section 4(d)(v)) for an Additional Common Share of Common issued or deemed to be issued by the Corporation Company is less than the Conversion Price in effect on the date of, and immediately prior to to, such issue, for such series of Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series share of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (as determined pursuant to paragraph 4(d)(v)subsection (C)4(d)(v) hereof) for an Additional Share of Common Stock issued or deemed to be issued (pursuant to subsection (C)4(d)(iii)) by the Corporation is less than the Conversion Price for such share of Preferred Stock in effect on the date of, and immediately prior to to, such issue, for such series of Preferred Stock.

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common Stock (a) unless the consideration per share (as determined pursuant to paragraph 4(d)(v)Section 4.5.5) for an Additional Share of Common Stock issued or deemed to be issued by the Corporation Company is less than the applicable Conversion Price in effect on the date of, and immediately prior to to, such issue, for or (b) if prior to such series issuance, the holder of Preferred Stockthe Convertible Note(s) gives a written waiver of such adjustment.

No Adjustment of Conversion Price. No adjustment in the Conversion Price of a particular series of Preferred Stock shall be made in respect of the issuance of Additional Shares of Common unless the consideration per share (as determined pursuant to paragraph 4(d)(vSection 5(d)(ix)) for an Additional Share of Common issued or deemed to be issued by the Corporation is less than the Conversion Price in effect on the date of, and immediately prior to such issue, for such series of Preferred Stock.