Shareholder Approval Date Adjustment. If, prior to the Shareholder Approval Date, any shares of Series A Preferred Stock have been exchanged for Common Stock pursuant to the terms hereof, then, within five Business Days after the Shareholder Approval Date, each Holder shall repay to the Company a portion of the cash received from the Company in such exchanges, and pursuant to the adjustments contained in Sections 2(e)(1), 2(e)(2) and 2(e)(3), such that the net amount of cash retained by such Holder (and its predecessors) from such exchanges and adjustments equals the aggregate amount of cash the Company would have been obligated to pay in such exchanges and adjustments if the Shareholder Approval had occurred prior to such exchanges and adjustments (the “Underpayment Test”). If the Underpayment Test is satisfied without a payment by the Holder to the Company, then the Holder shall not be required to pay any amount under this Section 2(e)(12).
Shareholder Approval Date Adjustment. If, prior to the Shareholder Approval Date, all or any portion of this Warrant has been exercised and shares of Common Stock have been purchased pursuant thereto, then, within five Business Days after the Shareholder Approval Date, the Holder shall pay to the Company, in respect of all the shares of Common Stock so purchased, an amount in cash such that the net amount paid by such Holder (or its predecessors) to the Company (i.e., net of any payments received by the Holder from the Company under this Section 4) in respect of all such share purchases equals the net amount such Holder (or its predecessors) would have been obligated to pay to the Company in respect of such purchases if the Shareholder Approval had occurred prior to such exercises (the “Underpayment Test”). If the Underpayment Test is satisfied without a payment by the Holder to the Company, then the Holder shall not be required to pay any amount under this Section 4.13.
