Common use of Rights, Options and Warrants Clause in Contracts

Rights, Options and Warrants. If the Company issues, to all or substantially all holders of its outstanding Common Stock, rights, options or warrants entitling such holders, for a period of not more than 60 calendar days after the record date of such issuance, to subscribe for, or purchase, shares of Common Stock, at a price per share less than the average of the Last Reported Sale Prices of the Common Stock for the 10 consecutive Trading Day period ending on, and including, the Trading Day immediately preceding the date of announcement of such issuance, the Conversion Rate will be increased based on the following formula: CR1 =CR0 x OS0+X OS0+Y where CR0= the Conversion Rate in effect immediately prior to the Open of Business on the Ex-Dividend Date for such issuance; CR1= the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date; OS0= the number of shares of Common Stock outstanding immediately prior to the Open of Business on such Ex-Dividend Date;

Rights, Options and Warrants. If the Company issues, to all or substantially all holders of its outstanding Common Stock, rights, options or warrants entitling such holders, for a period of not more than 60 calendar days after the record date of such issuance, to subscribe for, or purchase, shares of Common Stock, at a price per share less than the average of the Last Reported Sale Prices of the Common Stock for the 10 consecutive Trading Day period ending on, and including, the Trading Day immediately preceding the date of announcement of such issuance, the Conversion Rate will be increased based on the following formula: CR1 =where CR0 x OS0+X OS0+Y where CR0= = the Conversion Rate in effect immediately prior to the Open of Business on the Ex-Dividend Date for such issuance; CR1= CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date; OS0= OS0 = the number of shares of Common Stock outstanding immediately prior to the Open of Business on such Ex-Dividend Date;

Rights, Options and Warrants. If the Company issuesdistributes, to all or substantially all holders of its outstanding Common Stock, rights, options or warrants (other than rights issued or otherwise distributed pursuant to a stockholder rights plan, as to which the provisions set forth in Sections 5.05(A)(iii)(1) and 5.05(F) will apply) entitling such holders, for a period of not more than 60 forty-five (45) calendar days after the record date of such issuancedistribution, to subscribe for, for or purchase, purchase shares of Common Stock, Stock at a price per share that is less than the average of the Last Reported Sale Prices per share of the Common Stock for the 10 ten (10) consecutive Trading Day period Days ending on, and including, the Trading Day immediately preceding before the date of announcement of such issuancedistribution is announced, then the Conversion Rate will be increased based on the following formula: CR1 =where: CR0 x OS0+X OS0+Y where CR0= = the Conversion Rate in effect immediately prior to before the Open of Business on the Ex-Dividend Date for such issuancedistribution; CR1= CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date; OS0= OS = the number of shares of Common Stock outstanding immediately prior to before the Open of Business on such Ex-Dividend Date;

Rights, Options and Warrants. If the Company issuesdistributes, to all or substantially all holders of its outstanding Common Stock, rights, options or warrants (other than rights issued or otherwise distributed pursuant to a stockholder rights plan, as to which the provisions set forth in Sections 5.06(A)(iii)(1) and 5.06(E) will apply) entitling such holders, for a period of not more than 60 forty-five (45) calendar days after the record date of such issuancedistribution, to subscribe for, for or purchase, purchase shares of Common Stock, Stock at a price per share that is less than the average of the Last Reported Sale Prices per share of the Common Stock for the 10 ten (10) consecutive Trading Day period Days ending on, and including, the Trading Day immediately preceding before the date of announcement of such issuancedistribution is announced, then the Conversion Rate will be increased based on the following formula: CR1 =where: CR0 x OS0+X OS0+Y where CR0= = the Conversion Rate in effect immediately prior to before the Open of Business on the Ex-Dividend Date for such issuancedistribution; CR1= CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date; OS0= OS = the number of shares of Common Stock outstanding immediately prior to before the Open of Business on such Ex-Dividend Date;

Rights, Options and Warrants. If the Company issues, issues to all or substantially all holders of its outstanding Common Stock, Stock rights, options or warrants entitling such holders, holders for a period of not more than 60 calendar days after the record date of such issuance, issuance to subscribe for, or purchase, shares of Common Stock, at a price per share less than the average of the Last Reported Sale Prices of the Common Stock for the 10 consecutive Trading Day period ending on, and including, on the Trading Day immediately preceding the date of announcement of such issuance, the Conversion Rate will be increased based on the following formula: CR1 =where CR0 x OS0+X OS0+Y where CR0= = the Conversion Rate in effect immediately prior to the Open Close of Business on the Ex-Dividend Date record date for such issuance; CR1= CR1 = the Conversion Rate in effect immediately after the Open Close of Business on such Ex-Dividend Daterecord date; OS0= OS0 = the number of shares of Common Stock outstanding immediately prior to the Open Close of Business on such Ex-Dividend Daterecord date;

Rights, Options and Warrants. If the Company issuesdistributes, to all or substantially all holders of its outstanding Common Stock, rights, options or warrants (other than rights issued or otherwise distributed pursuant to a stockholder rights plan, as to which the provisions set forth in Sections 8(F)(i)(3)(a) and Section 8(F)(v) will apply) entitling such holders, for a period of not more than 60 sixty (60) calendar days after the record date of such issuancedistribution, to subscribe for, for or purchase, purchase shares of Common Stock, Stock at a price per share that is less than the average of the Last Reported Sale Prices per share of the Common Stock for the 10 ten (10) consecutive Trading Day period Days ending on, and including, the Trading Day immediately preceding before the date of announcement of such issuancedistribution is announced, then the Conversion Rate will be increased based on the following formula: CR1 =where: CR0 x OS0+X OS0+Y where CR0= = the Conversion Rate in effect immediately prior to before the Open of Business on the Ex-Dividend Date for such issuancedistribution; CR1= CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date; OS0= OS = the number of shares of Common Stock outstanding immediately prior to before the Open of Business on such Ex-Dividend Date;

Rights, Options and Warrants. If the Company issuesdistributes, to all or substantially all holders of its outstanding Common Stock, rights, options or warrants entitling such holders, for a period of not more than 60 sixty (60) calendar days after the record date of such issuancedistribution, to subscribe for, for or purchase, purchase shares of Common Stock, Stock at a price per share that is less than the average of the Last Reported Sale Prices per share of the Common Stock for the 10 ten (10) consecutive Trading Day period Days ending on, and including, the Trading Day immediately preceding before the date of announcement of such issuancedistribution is announced, then the Conversion Rate will be increased based on the following formula: CR1 =where: CR0 x OS0+X OS0+Y where CR0= = the Conversion Rate in effect immediately prior to before the Open of Business on the Ex-Dividend Date for such issuancedistribution; CR1= CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date; OS0= OS = the number of shares of Common Stock outstanding immediately prior to before the Open of Business on such Ex-Dividend Date;