Common use of Notices of Adjustment Clause in Contracts

Notices of Adjustment. Whenever the number of shares of Common Stock for which Class B Warrants are exercisable, or whenever the Current Class B Warrant Price shall be adjusted pursuant to Section 5, the Company shall forthwith prepare a certificate to be executed by the chief financial officer of the Company setting forth, in reasonable detail, the event requiring the adjustment and the facts, computations, and method by which such adjustment was calculated (including a description of the basis on which the Board of Directors of the Company determined the fair value of any evidences of indebtedness, shares of stock, other securities or property or warrants or other subscription or purchase rights referred to in Section 5), specifying the number of shares of Common Stock for which Class B Warrants are exercisable and (if such adjustment was made pursuant to Section 5.7) describing the number and kind of any shares of other common stock or Other Property for which Class B Warrants are exercisable, and any change in the Current Class B Warrant Price (or, if such adjustment was made pursuant to Section 5.7, the purchase price or prices at which a share of such other common stock or Other Property may be purchased upon exercise of Class B Warrants), after giving effect to such adjustment. The Company shall promptly cause a signed copy of such certificate to be delivered to the Warrant Agent and to each Holder in accordance with Section 16.2. The Company shall keep at its office or agency designated pursuant to Section 12 copies of all such certificates and cause the same to be available for inspection at said office during normal business hours by any Holder or any prospective purchaser of Class B Warrants designated by a Holder thereof.

Notices of Adjustment. Whenever the number of shares of Common Stock for which Class B A Warrants are exercisable, or whenever the Current Class B A Warrant Price shall be adjusted pursuant to Section 5, the Company shall forthwith prepare a certificate to be executed by the chief financial officer of the Company setting forth, in reasonable detail, the event requiring the adjustment and the facts, computations, and method by which such adjustment was calculated (including a description of the basis on which the Board of Directors of the Company determined the fair value of any evidences of indebtedness, shares of stock, other securities or property or warrants or other subscription or purchase rights referred to in Section 5), specifying the number of shares of Common Stock for which Class B A Warrants are exercisable and (if such adjustment was made pursuant to Section 5.7) describing the number and kind of any shares of other common stock or Other Property for which Class B A Warrants are exercisable, and any change in the Current Class B A Warrant Price (or, if such adjustment was made pursuant to Section 5.7, the purchase price or prices at which a share of such other common stock or Other Property may be purchased upon exercise of Class B A Warrants), after giving effect to such adjustment. The Company shall promptly cause a signed copy of such certificate to be delivered to the Warrant Agent and to each Holder in accordance with Section 16.2. The Company shall keep at its office or agency designated pursuant to Section 12 copies of all such certificates and cause the same to be available for inspection at said office during normal business hours by any Holder or any prospective purchaser of Class B A Warrants designated by a Holder thereof.