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 Section 13(a) above or any action of the type described in Section 8(a) of the certificate of designations of the Series M Securities (the “Series M Certificate of Designations”) (but only if the action of the type described in Section 13(a) above or Section 8(a) of the Series M Certificate of Designations would result in an adjustment in the Exercise Rate or the Conversion Rate, respectively), the Company shall give notice to the Warrantholder, in the manner set forth in the Section 13(g), which notice shall specify the Record Date, if any, with respect to any such action and the approximate date on which such action is to take place. If the proposed action is of the type described in Section 13(a) above, such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Rate and the number of shares which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a Record Date, such notice shall be given 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. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice of Adjustment Event. In the event that the Company Corporation shall propose to take any action of the type described in this Section 13(a) above or any action of the type described in Section 8(a) of the certificate of designations of the Series M Securities (the “Series M Certificate of Designations”) 13 (but only if the action of the type described in this Section 13(a) above or Section 8(a) of the Series M Certificate of Designations 13 would result in an adjustment in the Exercise Rate Price or the Conversion Rate, respectivelynumber of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company Corporation shall give notice to the Warrantholder, in the manner set forth in the Section 13(g13(G), which notice shall specify the Record Daterecord date, if any, with respect to any such action and the approximate date on which such action is to take place. If the proposed action is of the type described in Section 13(a) above, such Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Rate Price and the number number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a Record Daterecord date, such notice shall be given 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, except if it is impracticable to provide such 15 days’ prior notice, then the Company shall provide such notice as soon as it is reasonably able prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13(a) above or any action of the type described in Section 8(a) of the certificate of designations of the Series M Securities (the “Series M Certificate of Designations”) 14 (but only if the action of the type described in this Section 13(a) above or Section 8(a) of the Series M Certificate of Designations 14 would result in an adjustment in the Exercise Rate Price or the Conversion Rate, respectivelynumber of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give provide written notice to the WarrantholderWarrantholders, by e-mail (provided that no “error message” or other notification of non-delivery is generated) or by first-class mail at their addresses in the manner set forth in the Section 13(g)Warrant registry, which notice shall specify the Record Daterecord date, if any, with respect to any such action and the approximate date on which such action is to take place. If the proposed action is of the type described in Section 13(a) above, such Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Rate Price and the number number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a Record Daterecord date, such notice shall be given 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. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice of Adjustment Event. In the event that the Company Corporation shall propose to take any action of the type described in this Section 13(a) above or any action of the type described in Section 8(a) of the certificate of designations of the Series M Securities (the “Series M Certificate of Designations”) 13 (but only if the action of the type described in this Section 13(a) above or Section 8(a) of the Series M Certificate of Designations 13 would result in an adjustment in the Exercise Rate Price or the Conversion Rate, respectivelynumber of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company Corporation shall give notice to the Warrantholder, in the manner set forth in the Section 13(g13(G), which notice shall specify the Record Daterecord date, if any, with respect to any such action and the approximate date on which such action is to take place. If the proposed action is of the type described in Section 13(a) above, such Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Rate Price and the number number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a Record Daterecord date, such notice shall be given 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, except if it is impracticable to provide such 15 days’ prior notice, then the Corporation shall provide such notice as soon as it is reasonably able prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice of Adjustment Event. In the event that the Company Corporation shall propose to take any action of the type described in this Section 13(a) above or any action of the type described in Section 8(a) of the certificate of designations of the Series M Securities (the “Series M Certificate of Designations”) 4 (but only if the action of the type described in this Section 13(a) above or Section 8(a) of the Series M Certificate of Designations 4 would result in an adjustment in the Exercise Rate Price or the Conversion Rate, respectivelynumber of Shares into which each Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of a Warrant), the Company Corporation shall give written notice to the Warrant Agent and Warrantholder, in the manner set forth in the Section 13(g)4.7, which notice shall specify the Record Daterecord date, if any, with respect to any such action and the approximate date on which such action is to take place. If the proposed action is of the type described in Section 13(a) above, such Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Rate Price and the number number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a Record Daterecord date, such notice shall be given 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, except if it is impracticable to provide such 15 days’ prior notice, then the Corporation shall provide such notice as soon as it is reasonably able prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.