Common use of Restatements Clause in Contracts

Restatements. (a) Upon any Restatement, the Warrant Price (as defined in the Warrant) shall automatically be reduced to equal the lesser of (A) the Warrant Price as then in effect and (B) the Restatement Price. (b) If a Restatement occurs on or before the first (1st) anniversary of a Diluted Investment Closing: (i) Company shall deliver to Purchaser a written notice (a "Restatement Notice") in substantially the form and substance attached hereto as Annex F, within three (3) Business Days of such Restatement, stating the date on which such Restatement has occurred and including the documents in which such Restatement was publicly disclosed; and (ii) Promptly, and in any case within three (3) Business Days, following receipt of a Restatement Adjustment Notice, Company shall issue and deliver a number of shares of Common Stock to Purchaser equal to the positive difference, if any, with respect to each such Diluted Investment Closing between (A) the quotient of (x) the aggregate purchase price or aggregate exercise price paid (or deemed to have been paid in the case of a Share Quarterly Payment or Cashless Exercise (as defined in the Warrant)) by Purchaser with respect to such Diluted Investment Closing divided by (y) the Restatement Price and (B) the number of shares of Common Stock actually issued to Purchaser at such Diluted Investment Closing. (c) At any time after the date of the Restatement and before the Restatement Adjustment Notice Deadline, Purchaser may deliver a notice in the form attached hereto as Annex G (a "Restatement Adjustment Notice") to Company specifying the Restatement Date, the Restatement Price, and calculating the number of shares of Common Stock, if any, required to be issued by Company to Purchaser pursuant to clause (b)(ii) of this Section 10.

Restatements. (a) Upon any Restatement, the Warrant Conversion Price (as defined in the Warrant) and Redemption Price shall automatically be reduced to equal the lesser of (A) the Warrant Conversion Price or Redemption Price, as applicable, as then in effect and (B) the Restatement Price. (b) If a Restatement occurs on or before the first (1st) anniversary of a Diluted Investment Closingoccurs: (i) Company shall deliver to Purchaser Xxxxxxxx a written notice (a "Restatement Notice") in substantially the form and substance attached hereto as Annex FG, within three (3) Business Days of such Restatement, stating the date on which such Restatement has occurred and including the documents in which such Restatement was publicly disclosed; and (ii) Promptly, and in any case within three (3) Business Days, following receipt of a Restatement Adjustment Notice, Company shall issue and deliver a number of shares of Common Stock to Purchaser Xxxxxxxx equal to the positive difference, if any, with respect to each such Diluted Investment Closing Common Share held by Xxxxxxxx between (A) the quotient of (x) the aggregate purchase price Conversion Price and Redemption Price deemed paid by Xxxxxxxx in connection with all prior conversions or aggregate exercise price paid (or deemed to have been paid in redemptions of Preferred Shares and the case Daily Market Price of all Common Shares previously issued as a Share Quarterly Payment or Cashless Exercise (dividend on Preferred Shares as defined in of the Warrant)) by Purchaser with respect to such Diluted Investment Closing applicable dividend dates, divided by (y) the Restatement Price and (B) the number of shares of Common Stock actually issued to Purchaser at Xxxxxxxx in connection with such Diluted Investment Closingconversions, redemptions and dividends. (c) At any time after the date of the Restatement and before the Restatement Adjustment Notice Deadline, Purchaser Xxxxxxxx may deliver a notice in the form attached hereto as Annex G H (a "Restatement Adjustment Notice") to Company specifying the Restatement Date, the Restatement Price, and calculating the number of shares of Common Stock, if any, required to be issued by Company to Purchaser Xxxxxxxx pursuant to clause (b)(ii) of this Section 109.

Restatements. (a) Upon If a Restatement (as defined below) occurs on or before the first year anniversary of one or more Closing Dates or the closing of any Restatementexercise of the Warrant, the Warrant Price Company shall: (i) deliver to Purchaser and each Holder (as defined in the Warrant) shall automatically be reduced to equal the lesser of (A) the Warrant Price as then in effect and (B) the Restatement Price. (b) If a Restatement occurs on or before the first (1st) anniversary of a Diluted Investment Closing: (i) Company shall deliver to Purchaser a written notice (a "Restatement Notice") in substantially the form and substance attached hereto as Annex F, D (a “Restatement Notice”) within three (3) Business Days of such each Restatement, stating the date on which such a Restatement has occurred and including the documents in which such the Restatement was publicly disclosed; and (ii) Promptly, and in any case within three (3) Business Days, promptly following receipt of a Restatement Adjustment Notice, Company shall (A) issue and deliver a number of shares of Common Stock to Purchaser equal to the positive difference, if any, with respect to each such Diluted Investment Closing Date and each such closing of any exercise of the Warrant, between (Ax) the quotient of (x1) the aggregate purchase price or aggregate exercise price paid (or deemed to have been paid in the case of a Share Quarterly Payment or Cashless Exercise (as defined in the Warrant)) by Purchaser Investment Amount with respect to such Diluted Initial Investment, Later Investment Closing or such Warrant exercise closing divided by (y2) the Restatement Price (as defined below) and (By) the number of shares of Common Stock actually issued to Purchaser at on such Diluted Investment ClosingClosing Date and (B) the Exercise Price (as defined in the Warrant) shall be reduced as set forth in the Warrant. (cb) At any time after the date of the Restatement and before the Restatement Adjustment Notice Deadline, Purchaser may deliver a notice in the form attached hereto as Annex G E (a "“Restatement Adjustment Notice"”) to the Company specifying the Restatement Date, the Restatement Price, and calculating the number of shares of Common Stock, if any, required to be issued by the Company to Purchaser pursuant to clause (b)(iia) of this Section 1012.

Restatements. (a) Upon If a Restatement occurs at any Restatement, time following the Warrant Price Closing Date or the closing of any exercise of a Warrant: (i) the Company shall deliver to Purchaser and each Holder (as defined in the Warrant) shall automatically be reduced to equal the lesser of (A) the Warrant Price as then in effect and (B) the Restatement Price. (b) If a Restatement occurs on or before the first (1st) anniversary of a Diluted Investment Closing: (i) Company shall deliver to Purchaser a written notice in the form attached hereto as Annex B (a "Restatement Notice") in substantially the form and substance attached hereto as Annex F, within three (3) Business Days of such each Restatement, stating the date on which such a Restatement has occurred and including the documents in which such the Restatement was publicly disclosed; and; (ii) Promptly, and in any case within three (3) Business Days, promptly following receipt of a Restatement Adjustment NoticeNotice in respect of any Restatement that occurs on or before the first anniversary of the Closing Date or one or more Warrant exercises, (A) the Company shall issue and deliver a number of shares of Common Stock to Purchaser (or with respect to such Warrant exercise, to the Holder at the time of such exercise) equal to the positive difference, if any, with respect to the Closing Date and each such Diluted Investment Closing closing of any exercise of the Warrant, between (Ax) the quotient of (x1) the aggregate purchase price or aggregate exercise price paid (or deemed to have been paid in the case of a Share Quarterly Payment or Cashless Exercise (as defined in the Warrant)) by Purchaser Investment Amount with respect to the Investment or such Diluted Investment Closing Warrant exercise closing divided by (y2) the Restatement Price (as defined below) and (By) the number of shares of Common Stock actually issued on the Closing Date or such Warrant exercise closing then owned by the Purchaser (for purposes of determining which shares relate to which of the Closing Date or which Warrant exercise closing, where the shares cannot be readily traced because held in uncertificated form or otherwise, Purchaser at shall notify the Company of such Diluted Investment Closingallocation in the Restatement Adjustment Notice), and (B) the Warrant Price shall be reduced in the Holder's (as defined in the Warrant) sole discretion with respect to one or more exercises of the Warrant, to equal the lesser of (a) the Warrant Price calculated without regard to such Restatement Adjustment Notice and (b) the Restatement Price specified in such Restatement Adjustment Notice. (cb) At any time after the date of the Restatement and before the Restatement Adjustment Notice Deadline, Purchaser may deliver a notice in the form attached hereto as Annex G C (a "Restatement Adjustment Notice") to the Company specifying the Restatement DateDate (as defined below), the Restatement PricePrice (as defined below), and calculating the number of shares of Common Stock, if any, required to be issued by the Company to Purchaser pursuant to clause (b)(iia) of this Section 1012.

Restatements. (a) Upon any Restatement, the Warrant Price (as defined in the Warrant) shall automatically be reduced to equal the lesser of (A) the Warrant Price as then in effect and (B) the Restatement Price. (b) If a Restatement occurs on or before the first (1st) anniversary of a Diluted Investment Closing: (i) Company shall deliver to Purchaser Xxxxxxxx a written notice (a "Restatement Notice") in substantially the form and substance attached hereto as Annex FH, within three (3) Business Days of such Restatement, stating the date on which such Restatement has occurred and including the documents in which such Restatement was publicly disclosed; and (ii) Promptly, and in any case within three (3) Business Days, following receipt of a Restatement Adjustment Notice, Company shall issue and deliver a number of shares of Common Stock to Purchaser Xxxxxxxx equal to the positive difference, if any, with respect to each such Diluted Investment Closing between (A) the quotient of (x) the aggregate purchase price or aggregate exercise price paid (or deemed to have been paid in the case of a Share Quarterly Payment or Cashless Exercise (as defined in the Warrant)) by Purchaser Xxxxxxxx with respect to such Diluted Investment Closing divided by (y) the Restatement Price and (B) the number of shares of Common Stock actually issued to Purchaser Xxxxxxxx at such Diluted Investment Closing. (c) At any time after the date of the Restatement and before the Restatement Adjustment Notice Deadline, Purchaser Xxxxxxxx may deliver a notice in the form attached hereto as Annex G I (a "Restatement Adjustment Notice") to Company specifying the Restatement Date, the Restatement Price, and calculating the number of shares of Common Stock, if any, required to be issued by Company to Purchaser Xxxxxxxx pursuant to clause (b)(ii) of this Section 10.

Restatements. (a) Upon any Restatement, the Warrant Price (as defined in the Warrant) shall automatically be reduced to equal the lesser of (A) the Warrant Price as then in effect and (B) the Restatement Price. (b) If a Restatement occurs on at any time following any Later Investment Closing Date or before the first (1st) anniversary closing of any exercise of a Diluted Investment ClosingWarrant, the Company shall: (i) Company shall deliver to Purchaser and each Holder (as defined in each such Warrant) a written notice in the form attached hereto as Annex D (a "Restatement Notice") in substantially the form and substance attached hereto as Annex F, within three (3) Business Days of such each Restatement, stating the date on which such a Restatement has occurred and including the documents in which such the Restatement was publicly disclosed; and (ii) Promptly, and in any case within three (3) Business Days, promptly following receipt of a Restatement Adjustment NoticeNotice in respect of any Restatement that occurs on or before the first anniversary of one or more Later Investment Closing Dates or Warrant exercises, Company shall (A) issue and deliver a number of shares of Common Stock to Purchaser equal to the positive difference, if any, with respect to each such Diluted Investment Closing Date and each such closing of any exercise of each such Warrant, between (Ax) the quotient of (x1) the aggregate purchase price or aggregate exercise price paid (or deemed to have been paid in the case of a Share Quarterly Payment or Cashless Exercise (as defined in the Warrant)) by Purchaser Investment Amount with respect to such Diluted Initial Investment, Later Investment Closing or such Warrant exercise closing divided by (y2) the Restatement Price (as defined below) and (By) the number of shares of Common Stock actually issued on such Closing Date or such Warrant exercise closing, (B) the Warrant Price shall be reduced as set forth in each Warrant, and (C) the Later Investment Price for each subsequent Later Investment shall equal the lesser of the Restatement Price and the Later Investment Price that would otherwise apply, subject to Purchaser at such Diluted Investment Closingfurther adjustment as provided herein. (cb) At any time after the date of the Restatement and before the Restatement Adjustment Notice Deadline, Purchaser may deliver a notice in the form attached hereto as Annex G E (a "Restatement Adjustment Notice") to the Company specifying the Restatement DateDate (as defined below), the Restatement PricePrice (as defined below), and calculating the number of shares of Common Stock, if any, required to be issued by the Company to Purchaser pursuant to clause (b)(iia) of this Section 1012.