Common use of Postponement of Subscription Clause in Contracts

Postponement of Subscription. In any case in which the application of Section 5.1 shall require that an adjustment shall be effective immediately after a record date for an event referred to herein, the Company may defer, until the occurrence of such an event: (a) issuing to the Warrantholder of any Warrant exercised after such record date and before the occurrence of such event, the additional Common Shares issuable upon such exercise by reason of the adjustment required by such event, and (b) delivering to such Warrantholder any distributions declared with respect to such additional Common Shares after such Exercise Date and before such event; provided, however, that the Company shall deliver or cause to be delivered to such Warrantholder, an appropriate instrument evidencing such Warrantholder’s right, upon the occurrence of the event requiring the adjustment, to an adjustment in the Exercise Price and/or the number of Common Shares purchasable on the exercise of any Warrant and to such distributions declared with respect to any additional Common Shares issuable on the exercise of any Warrant.

Postponement of Subscription. In any case in which where the application of Section 5.1 4.1 shall require that an adjustment shall be effective immediately after a record date for an event referred to herein, the Company may defer, until the occurrence of such an event: (a) issuing to the Warrantholder holder of any Warrant Warrant, to the extent that Warrants are exercised after such record date and before the occurrence of such event, the additional Common Shares or other securities issuable upon such exercise by reason of the adjustment required by such event, ; and (b) delivering to such Warrantholder holder any distributions distribution declared with respect to such additional Common Shares or other securities after such Exercise Date exercise date and before such event; provided, however, that the Company shall deliver or cause to be delivered to such Warrantholder, holder an appropriate instrument evidencing the right of such Warrantholder’s right, holder upon the occurrence of the event requiring the adjustment, to an adjustment in the Exercise Price and/or or the number of Common Shares purchasable on the exercise of any Warrant and to such distributions declared with respect to any additional Common Shares issuable on the exercise of any Warrant.

Postponement of Subscription. In any case in which the application of Section 5.1 this Article 4 shall require that an adjustment shall be effective immediately after a record date for an event referred to herein, the Company may defer, until the occurrence of such an event: (a) issuing to the Warrantholder Holder of any Warrant exercised after such record date and before the occurrence of such event, the additional Common Warrant Shares issuable upon such exercise by reason of the adjustment required by such event, ; and (b) delivering to such Warrantholder Holder any distributions declared with respect to such additional Common Warrant Shares after such Exercise Date exercise date and before such event; provided, however, that the Company shall deliver or cause to be delivered to such Warrantholder, Holder an appropriate instrument evidencing such WarrantholderHolder’s right, upon the occurrence of the event requiring the adjustment, to an adjustment in the Warrant Exercise Price and/or per Warrant Share or the number of Common Warrant Shares purchasable on the exercise of any Warrant and to such distributions declared with respect to any additional Common Warrant Shares issuable on the exercise of any Warrant.

Postponement of Subscription. In any case in which the application of Section 5.1 shall require this Clause 7 requires that an adjustment shall is to be effective immediately after a record date for an event referred to herein, the Company may defer, until the occurrence of such an event: (a) issuing in the event that any Note has been converted pursuant to the Warrantholder of any Warrant exercised Conversion Right after such record date and before the occurrence of such event, issuing to the holder of such Note the additional Common Shares issuable upon such exercise conversion by reason of the adjustment required by such event, ; and (b) delivering to such Warrantholder holder any distributions declared with respect to such additional Common Shares after such Exercise Date exercise date and before such event; provided, provided however, that the Company shall deliver or cause to be delivered to such Warrantholder, holder an appropriate instrument evidencing such Warrantholder’s holder's right, upon the occurrence of the event requiring the adjustment, to an adjustment in the Exercise Current Conversion Price and/or or the number of Common Shares purchasable issuable on the exercise conversion of any Warrant such Note pursuant to the Conversion Right and to such distributions declared with respect to any additional Common Shares issuable on the exercise conversion of any Warrantsuch Note pursuant to the Conversion Right.

Postponement of Subscription. In any case in which the application of Section 5.1 shall require that an adjustment shall be effective immediately after a record date for an event referred to herein, the Company may defer, until the occurrence of such an event: (a) : issuing to the Warrantholder of any Warrant exercised after such record date and before the occurrence of such event, the additional Common Shares issuable upon such exercise by reason of the adjustment required by such event, and (b) and delivering to such Warrantholder any distributions declared with respect to such additional Common Shares after such Exercise Date and before such event; provided, however, that the Company shall deliver or cause to be delivered to such Warrantholder, an appropriate instrument evidencing such Warrantholder’s 's right, upon the occurrence of the event requiring the adjustment, to an adjustment in the Exercise Price and/or or the number of Common Shares purchasable on the exercise of any Warrant and to such distributions declared with respect to any additional Common Shares issuable on the exercise of any Warrant.