Common use of Notice of Adjustment Event Clause in Contracts

Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Article V (but only if the action of the type described in this Article V would result in an adjustment in the Class A Exercise Price and/or Class B Exercise Price or the number of shares of Common Stock into which Warrants are exercisable or a change in the type of securities or property to be delivered upon exercise of Warrants), then the Company shall send to the Warrant Agent a notice and the shall cause the Warrant Agent within five days after receipt by the Warrant Agent to give written notice (in such form as shall be furnished to the Warrant Agent by the Company) to each Holder in the manner provided in Section 9.2 of such action. Such notice shall specify (i) the record date, if any, for the action, (ii) the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Class A Exercise Price and/or Class B Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of any Warrants, (iii) the approximate date such action is expected to take place, and (iv) the effect, if any, of such action on the Common Stock, if any. In the case of any action which would require the fixing of a record date, such notice shall be given to Holders at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action, but in no event shall the Company be required to give notice prior to public announcement if the Company has in good faith determined that the matters relating to such notice constitute material, nonpublic information relating to the Company or its Subsidiaries. Failure to give such notice, or any defect therein, shall not affect the legality or validity of such event. Without limiting the foregoing, to the extent notice of any of the foregoing actions or events is given to the holders of the Common Stock, such notice shall be provided to the Holders of the Warrants on or before such notice to the holders of Common Stock.

Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Article V (but only if the action of the type described in this Article V would result in an adjustment in the Class A Exercise Price and/or Class B Exercise Price or the number of shares of Common Stock into which Warrants are exercisable or a change in the type of securities or property to be delivered upon exercise of Warrants), then the Company shall send to the Warrant Agent a notice and the shall cause the Warrant Agent within five days after receipt by the Warrant Agent to give written notice (in such form as shall be furnished to the Warrant Agent by the Company) to each Holder in the manner provided in Section 9.2 of such action. Such notice shall specify (i) the record date, if any, for the action, (ii) the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Class A Exercise Price and/or Class B Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of any Warrants, (iii) the approximate date such action is expected to take place, and (iv) the effect, if any, of such action on the Common Stock, if any. In the case of any action which would require the fixing of a record date, such notice shall be given to Holders at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action, but in no event shall the Company be required to give notice prior to public announcement if the Company has in good faith determined that the matters relating to such notice constitute material, nonpublic information relating to the Company or its Subsidiaries. Failure to give such notice, or any defect therein, shall not affect the legality or validity of such event. Without limiting the foregoing, to the extent notice of any of the foregoing actions or events is given to the holders of the Common Stock, such notice shall be provided to the Holders of the Warrants on or before such notice to the holders of Common Stock.

Notice of Adjustment Event. In the event that the Board of Directors shall approve the taking by the Company shall propose to take of any action of the type described in this Article V Section 4 (but only if the action of the type described in this Article V Section 4 would result in an adjustment in the Class A Exercise Price and/or Class B Exercise Price or the number of shares of Common Stock into which Warrants are exercisable or a change in the type of securities or property to be delivered upon exercise of Warrants), then the Company shall send give notice to the Warrant Agent a notice and the shall cause the Warrant Agent within five days after receipt by the Warrant Agent to give written notice (in such form as shall be furnished to the Warrant Agent by the Company) to each Holder holders of Warrants, in the manner provided set forth in Section 9.2 of such action. Such 4.9(a), which notice shall specify (i) the record date, if any, for with respect to any such action and the action, (ii) approximate date on which such action is anticipated to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Class A Exercise Price and/or Class B Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of any Warrants, (iii) the approximate date such action is expected to take place, and (iv) the effect, if any, of such action on the Common Stock, if any. In the case of any action which would require the fixing of a record date, such notice shall be given to Holders at least 10 ten (10) business days prior to the date so fixedfixed (or otherwise in accordance with the notice requirements of the Exchange on which the Common Stock is listed), and in case of all other action, such notice shall be given at least 15 fifteen (15) business days prior to the taking of such proposed action; provided, but in no event shall the Company be required to give notice prior to public announcement if the Company has in good faith determined however, that the matters relating to such notice constitute material, nonpublic information relating to the Company or its Subsidiaries. Failure failure to give such notice, or any defect therein, shall not affect the legality or validity of such eventevent (but will, for the avoidance of doubt, constitute a breach of this Agreement). Without limiting the foregoing, to the extent notice of any of the foregoing actions or events is given to the holders of the Common Stock, such notice shall be provided to the Holders holders of the Warrants on or before such notice to the holders of Common StockStock (which such notice may be provided to all such holders by a press release in accordance with Exchange rules).

Notice of Adjustment Event. In the event that the Company Corporation shall propose to take any action of the type described in this Article V Section 13 (but only if the action of the type described in this Article V Section 13 would reasonably be expected to result in an adjustment in the Class A Exercise Price and/or Class B Exercise Price or the number of shares of Common Stock Shares into which Warrants are this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of Warrantsthis Warrant), then the Company Corporation shall send give notice to the Warrant Agent a notice and the shall cause the Warrant Agent within five days after receipt by the Warrant Agent to give written notice (in such form as shall be furnished to the Warrant Agent by the Company) to each Holder Warrantholder, in the manner provided set forth in Section 9.2 of such action. Such 13(H), which notice shall specify (i) the record date, if any, for with respect to any such action and the action, (ii) approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Class A Exercise Price and/or Class B Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of any Warrants, (iii) the approximate date such action is expected to take place, and (iv) the effect, if any, of such action on the Common Stock, if anythis Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given to Holders at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 ten (10) days prior to the taking of such proposed action, but in no event shall the Company be required to give notice prior to public announcement if the Company has in good faith determined that the matters relating to such notice constitute material, nonpublic information relating to the Company or its Subsidiaries. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such eventaction, but shall not affect any claims or rights resulting from the failure to properly provide such notice pursuant this Warrant. Without limiting The Corporation will be deemed to have provided the foregoing, notice required pursuant to this Section 13(I) if the Corporation furnishes or files such information with the Securities and Exchange Commission via the XXXXX (or successor) filing system and such information is publicly available not less than ten (10) days prior to the extent notice date so fixed or the taking of any of the foregoing actions or events is given to the holders of the Common Stocksuch proposed action, such notice shall be provided to the Holders of the Warrants on or before such notice to the holders of Common Stockas applicable.

Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Article V II (but only if the action of the type described in this Article V II would result in an adjustment in the Class A Exercise Price and/or Class B Exercise Price or the number of shares of Common Stock into which Warrants are exercisable Exercise Number or a change in the type of securities or property to be delivered upon exercise of Warrantsa Warrant), then the Company shall send deliver to the Warrant Agent a written notice and the shall cause the Warrant Agent within five days after receipt by the Warrant Agent to give such written notice (in such form as shall to be furnished sent or communicated to the Warrant Agent by the Company) to each Holder Holders in the manner provided set forth in Section 9.2 of such action. Such 4.1, which notice shall specify (i) the record date, if any, for with respect to any such action and the action, (ii) approximate date on which such action is to take place. Such notice shall also set forth the facts and calculations with respect thereto as shall be reasonably necessary to indicate the effect on the Class A Exercise Price and/or Class B Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of any Warrants, (iii) the approximate date such action is expected to take place, and (iv) the effect, if any, of such action on the Common Stock, if anya Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given to Holders at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action, but in no event shall the Company be required to give notice prior to public announcement if the Company has in good faith determined that the matters relating to such notice constitute material, nonpublic information relating to the Company or its Subsidiaries. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such eventaction. Without limiting The Warrant Agent shall be fully protected in relying upon any such written notice delivered in accordance with this Section 2.11, and on any adjustment or other information therein contained, and shall not be obligated to take any such action of the foregoingtype described in this Article II unless and until it shall have received such written notice. The Warrant Agent shall have no duty to determine when an adjustment pursuant to this Article II, to or otherwise, should be made, how any such adjustment should be calculated, or the extent notice amount of any of the foregoing actions or events is given to the holders of the Common Stock, such notice shall be provided to the Holders of the Warrants on or before such notice to the holders of Common Stockadjustment.

Notice of Adjustment Event. In the event that the Company shall propose to take any action fix a record date for an event of the type described in this Article V Section 15(A) or Section 15(B) or enter into binding documentation for an event described in Section 15(C) or Section 15(D) (but only if such action would reasonably be expected (at the action of the type described in time such record date is fixed or such binding documentation is entered into, as applicable) to result, under this Article V would result Section 15, in an adjustment in the Class A Exercise Price and/or Class B Exercise Price or the number of shares of Common Stock Shares into which Warrants are this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of Warrantsthis Warrant), then the Company shall send give notice to the Warrant Agent a notice and the shall cause the Warrant Agent within five days after receipt by the Warrant Agent to give written notice (in such form as shall be furnished to the Warrant Agent by the Company) to each Holder Warrantholder, in the manner provided set forth in Section 9.2 of such action. Such 20, which notice shall specify (i) the record date, if any, for with respect to any such action and the actionapproximate date on which such event is anticipated to take place. Such notice shall also set forth the facts, (ii) to the facts extent then known, with respect thereto as shall be reasonably necessary to indicate the effect on the Class A Exercise Price and/or Class B Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. The Company shall use commercially reasonable efforts to provide any Warrants, (iii) the approximate date such action is expected to take place, and (iv) the effect, if any, of such action on the Common Stock, if any. In the case of any action which would require the fixing of a record date, such notice shall be given to Holders at least 10 five (5) days prior to such record date (with respect to Section 15(A) or Section 15(B)) or the entry into such binding documentation (with respect to Section 15(C)) and, in any event, shall provide notice no later than ten (10) days following any such record date so fixed(with respect to Section 15(A) or Section 15(B)) or the entry into such binding documentation (with respect to Section 15(C) or Section 15(D)); provided, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action, but in no event shall the Company be required to give notice prior to public announcement if the Company has in good faith determined that the matters relating to such notice constitute material, nonpublic information relating to the Company or its Subsidiaries. Failure failure to give such notice, or any defect therein, shall not affect the legality or validity of any such event. Without limiting action, and shall not affect any claims or rights resulting from the foregoing, failure to the extent notice of any of the foregoing actions or events is given to the holders of the Common Stock, properly provide such notice shall pursuant this Warrant. The Company will be deemed to have provided the notice required pursuant to this Section 15(H) if the Holders of Company furnishes or files such information with the Warrants on SEC via the XXXXX (or before successor) filing system and such notice information is publicly available not less than ten (10) days following such record date (with respect to Section 15(A) or Section 15(B)) or the holders of Common Stockentry into such binding documentation (with respect to Section 15(C) or Section 15(D)).