Common use of Restrictions on Adjustments Clause in Contracts

Restrictions on Adjustments. Notwithstanding anything to the contrary in this Section 6, the Exercise Price and the Warrant Shares issuable shall not be adjusted, among other things: (i) in the case of a Deemed Liquidation Event; (ii) upon the issuance of any shares of Common Stock pursuant to the exercise of the Warrants; (iii) except as otherwise provided in in Section 6(d), upon the issuance of any shares of Common Stock or other securities of the Company in connection with a business combination, consolidation, merger, acquisition or joint venture transaction involving the Company or any of its subsidiaries; (iv) upon the issuance of any shares of Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (v) upon the issuance of any shares of Common Stock or other securities (including options or rights) pursuant to the Management Incentive Plan (as defined in the Plan) or any other present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of the Company’s subsidiaries, and securities issued upon exercise or conversion of such options or other rights; (vi) upon the issuance of any shares of Common Stock pursuant to any security of the Company not described otherwise in this subsection and outstanding as of the date the Warrants were first issued, or otherwise contemplated under the Plan; or (vii) for a change in the par value of the Common Stock.

Restrictions on Adjustments. Notwithstanding anything to the contrary in this Section 6, the Exercise Price and the Warrant Shares issuable shall not be adjusted, among other things: (i) in the case of a Deemed Liquidation Event; (ii) upon the issuance of any shares of Common Stock pursuant to the exercise of the Warrants; (iii) except as otherwise provided in in Section 6(d), upon the issuance of any shares of Common Stock or other securities of the Company issued in connection with a business combination, consolidation, merger, acquisition or joint venture transaction involving the Company Corporation or any of its subsidiaries; (iv) upon the issuance of any shares of Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (v) upon the issuance of any shares of Common Stock or other securities (including options or rights) pursuant to the Management Incentive Plan (as defined in the Plan) or any other present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of the Company’s subsidiaries, and securities issued upon exercise or conversion of such options or other rights; (vi) upon the issuance of any shares of Common Stock pursuant to any security of the Company not described otherwise in this subsection and outstanding as of the date the Warrants were first issued, or otherwise contemplated under the Plan; or (vii) for a change in the par value of the Common Stock.

Restrictions on Adjustments. xiii) Notwithstanding anything to the contrary in this Section 6‎Article 4, the Exercise Price and the Warrant Shares issuable Share Number shall not be adjusted, among other things: (i) in the case of a Deemed Liquidation Event; (ii) upon the issuance of any other securities by the Company on or after the date the Warrants were first issued not contemplated by the Plan or upon the issuance of shares of Common Stock upon the exercise of such securities, other than in accordance with ‎Section 4.01; (iii) upon the issuance of any shares of Common Stock pursuant to the exercise of the Warrants; (iiiiv) except as otherwise provided in in Section 6(d), upon the issuance of any shares of Common Stock or other securities of the Company in connection with a business combinationacquisition transaction, consolidation, merger, acquisition or joint venture transaction involving the Company or any of its subsidiariesother than in accordance with ‎Section 4.01; (ivv) upon the issuance of any shares of Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (vvi) upon the issuance of any shares of Common Stock or other securities (including options or rights) any payments pursuant to the Management Incentive Plan (as defined in the Plan) or any other present or future employee, director or consultant benefit plan or program of, of or assumed by, by the Company or any of the Company’s subsidiaries, and securities issued upon exercise or conversion of such options or other rights; (vivii) upon the issuance of any shares of Common Stock pursuant to any security of the Company not described otherwise in clause ‎(vi) of this subsection and outstanding as of the date the Warrants were first issued, or otherwise contemplated under the Plan; or (viiviii) for a change in the par value of the Common Stock.

Restrictions on Adjustments. Notwithstanding Except as a result of a share split, share combination, or readjustment resulting from dividends or distributions having been declared but not paid or made, readjustments resulting from distributed rights, options or warrants not being exercised prior to their expiration or termination and readjustments resulting from distributions or deemed distributions of contingent rights, options or warrants that were redeemed or repurchased without being exercised prior to their expiration or termination, in no event will the Conversion Rate be adjusted downward pursuant to Sections 10.05(a), (b), (c), (d) or (e) hereof. In addition, notwithstanding anything to the contrary elsewhere in this Section 6Indenture, the Exercise Price and the Warrant Shares issuable shall Conversion Rate will not be adjusted, among other things: (i) in the case of a Deemed Liquidation Event; (ii) upon the issuance of any shares of Common Stock pursuant to the exercise of the Warrants; (iii) except as otherwise provided in in Section 6(d), upon the issuance of any shares of Common Stock or other securities of the Company in connection with a business combination, consolidation, merger, acquisition or joint venture transaction involving the Company or any of its subsidiaries; (iv) upon the issuance of any shares of Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Company’s 's securities and the investment of additional optional amounts in shares of Common Stock under any plan; (vii) upon the issuance of any shares of Common Stock or other securities (including options or rights) rights to purchase those shares pursuant to the Management Incentive Plan (as defined in the Plan) or any other present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of the Company’s subsidiaries, and securities issued upon exercise or conversion of such options or other rightsits Subsidiaries; (viiii) upon the issuance of any shares of Common Stock pursuant to any option, warrant, right or exercisable, exchangeable or convertible security of the Company not described otherwise in this subsection the preceding clause and outstanding as of the date of the Warrants were first issued, or otherwise contemplated under the Plan; orIssue Date; (viiiv) for a change in the par value of the Common Stock; or (v) for accrued and unpaid interest.