Common use of Stock Dividends, Splits and Combinations Clause in Contracts

Stock Dividends, Splits and Combinations. If the Company issues solely shares of Common Stock as a dividend or distribution on all or substantially all shares of the Common Stock, or if the Company effects a stock split or a stock combination of the Common Stock (in each case excluding an issuance solely pursuant to a Common Stock Change Event, as to which Section 5.09 will apply), then the Conversion Rate will be adjusted based on the following formula: where: CR0 = the Conversion Rate in effect immediately before the Open of Business on the Ex-Dividend Date for such dividend or distribution, or immediately before the Open of Business on the effective date of such stock split or stock combination, as applicable; CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date or immediately after the Open of Business on such effective date, as applicable; OS0 = the number of shares of Common Stock outstanding immediately before the Close of Business on such Record Date or immediately before the Open of Business on such Ex-Dividend Date or effective date, as applicable, without giving effect to such dividend, distribution, stock split or stock combination; and OS1 = the number of shares of Common Stock outstanding immediately after giving effect to such dividend, distribution, stock split or stock combination. Any adjustment to the Conversion Rate pursuant to this Section 5.05(A)(i) will become effective as of the time set forth in CR1 above. If any dividend or distribution of the type described in this Section 5.05(A)(i) is declared, but not so paid, then the Conversion Rate will be readjusted, effective as of the date the Board of Directors determines not to pay such dividend or distribution, to the Conversion Rate that would then be in effect had such dividend or distribution not been declared.

Stock Dividends, Splits and Combinations. If the Company issues solely shares of Common Stock as a dividend or distribution on all or substantially all shares of the Common Stock, or if the Company effects a stock split or a stock combination of the Common Stock (in each case excluding an issuance solely pursuant to a Common Stock Change Event, as to which Section 5.09 5(g) will apply), then each of the Conversion Rate Strike Price and the Warrant Entitlement will be adjusted based on the following formulaformulas: where: CR0 SP0 = the Conversion Rate Strike Price in effect immediately before the Open of Business on the Ex-Dividend Date for such dividend or distribution, or immediately before the Open of Business on the effective date of such stock split or stock combination, as applicable; CR1 SP1 = the Conversion Rate Strike Price in effect immediately after the Open of Business on such Ex-Dividend Date or effective date, as applicable; WE0 = the Warrant Entitlement in effect immediately before the Open of Business on such Ex-Dividend Date or effective date, as applicable; WE1 = the Warrant Entitlement in effect immediately after the Open of Business on such Ex-Dividend Date or effective date, as applicable; OS0 = the number of shares of Common Stock outstanding immediately before the Close of Business on such Record Date or immediately before the Open of Business on such Ex-Dividend Date or effective date, as applicable, without giving effect to such dividend, distribution, stock split or stock combination; and OS1 = the number of shares of Common Stock outstanding immediately after giving effect to such dividend, distribution, stock split or stock combination. Any adjustment to the Conversion Rate pursuant to this Section 5.05(A)(i) will become effective as of the time set forth in CR1 above. If any dividend dividend, distribution, stock split or distribution stock combination of the type described in this Section 5.05(A)(i5(e)(i)(1) is declareddeclared or announced, but not so paidpaid or made, then each of the Conversion Rate Strike Price and the Warrant Entitlement will be readjusted, effective as of the date the Board of Directors determines not to pay such dividend or distributiondistribution or to effect such stock split or stock combination, to the Conversion Rate Strike Price and the Warrant Entitlement, respectively, that would then be in effect had such dividend dividend, distribution, stock split or distribution stock combination not been declareddeclared or announced.

Stock Dividends, Splits and Combinations. If the Company issues solely shares of Common Stock as a dividend or distribution on all or substantially all shares of the Common Stock, or if the Company effects a stock split or a stock combination of the Common Stock (in each case excluding an issuance solely pursuant to a Common Stock Change Event, as to which the provisions set forth in Section 5.09 5.08 will apply), then the Conversion Rate will be adjusted based on the following formula: where: CR0 = the Conversion Rate in effect immediately before the Open of Business on the Ex-Dividend Date for such dividend or distribution, or immediately before the Open of Business on the effective date of such stock split or stock combination, as applicable; CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date or immediately after the Open of Business on such effective date, as applicable; OS0 = the number of shares of Common Stock outstanding immediately before the Close of Business on such Record Date or immediately before the Open of Business on such Ex-Dividend Date or effective date, as applicable, without giving effect to such dividend, distribution, stock split or stock combination; and OS1 = the number of shares of Common Stock outstanding immediately after giving effect to such dividend, distribution, stock split or stock combination. Any adjustment to the Conversion Rate pursuant to made under this Section 5.05(A)(i) will become effective immediately after the Open of Business on the Ex-Dividend Date for such dividend or distribution, or immediately after the Open of Business on the effective date for such stock split or stock combination, as of the time set forth in CR1 aboveapplicable. If any dividend dividend, distribution, stock split or distribution stock combination of the type described in this Section 5.05(A)(i) is declareddeclared or announced, but not so paidpaid or made, then the Conversion Rate will be readjusted, effective as of the date the Board of Directors determines not to pay such dividend or distributiondistribution or to effect such stock split or stock combination, to the Conversion Rate that would then be in effect had such dividend dividend, distribution, stock split or distribution stock combination not been declareddeclared or announced.

Stock Dividends, Splits and Combinations. If the Company issues solely shares of Common Stock as a dividend or distribution on all or substantially all shares of the Common Stock, or if the Company effects a stock split or a stock combination of the Common Stock (in each case excluding an issuance solely pursuant to a Common Stock Change Event, as to which Section 5.09 10(g) will apply), then the Conversion Rate will be adjusted based on the following formula: where: CR0 = the Conversion Rate in effect immediately before prior to the Open open of Business business on the Ex-Dividend Date for of such dividend or distribution, or immediately before prior to the Open open of Business business on the effective date of such stock split or stock combination, as applicable; CR1 = the Conversion Rate in effect immediately after the Open open of Business business on such Ex-Dividend Date or immediately after the Open of Business on such effective date, as applicable; OS0 = the number of shares of Common Stock outstanding immediately before prior to the Close open of Business on such Record Date or immediately before the Open of Business business on such Ex-Dividend Date or effective date, as applicable, without giving effect to such dividend, distribution, stock split or stock combination; and OS1 = the number of shares of Common Stock outstanding immediately after giving effect to such dividend, distribution, stock split or stock combination. Any adjustment to the Conversion Rate pursuant to made under this Section 5.05(A)(i10(d)(i)(1) will shall become effective immediately after the open of business on the Ex-Dividend Date for such dividend or distribution, or immediately after the open of business on the effective date for such share split or share combination, as of the time set forth in CR1 aboveapplicable. If any dividend dividend, distribution, stock split or distribution stock combination of the type described in this Section 5.05(A)(i10(d)(i)(1) is declareddeclared or announced, but not so paidpaid or made, then the Conversion Rate will be readjusted, effective as of the date the Board of Directors Directors, or any officer acting pursuant to authority conferred by the Board of Directors, determines not to pay such dividend or distributiondistribution or to effect such stock split or stock combination, to the Conversion Rate that would then be in effect had such dividend dividend, distribution, stock split or distribution stock combination not been declareddeclared or announced.

Stock Dividends, Splits and Combinations. If the Company issues solely shares of Common Stock as a dividend or distribution on all or substantially all shares of the Common Stock, or if the Company effects a stock split or a stock combination of the Common Stock (in each case excluding an issuance solely pursuant to a Common Stock Change Event, as to which Section 5.09 will apply), then the Conversion Rate will be adjusted based on the following formula: where: CR0 = the Conversion Rate in effect immediately before the Open of Business on the Ex-Dividend Date for such dividend or distribution, or immediately before the Open of Business on the effective date of such stock split or stock combination, as applicable; CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date or immediately after the Open of Business on such effective date, as applicable; OS0 = the number of shares of Common Stock outstanding immediately before the Close of Business on such Record Date or immediately before the Open of Business on such Ex-Dividend Date or effective date, as applicable, without giving effect to such dividend, distribution, stock split or stock combination; and OS1 = the number of shares of Common Stock outstanding immediately after after, and solely as a result of, giving effect to such dividend, distribution, stock split or stock combination. Any adjustment to the Conversion Rate pursuant to made under this Section 5.05(A)(i) will shall become effective as immediately after the Open of Business on the Ex-Dividend Date for such dividend or distribution or immediately after the Open of Business of the time set forth in CR1 aboveeffective date of such stock split or combination, as applicable. If any dividend dividend, distribution, stock split or distribution stock combination of the type described in this Section 5.05(A)(i) is declareddeclared or announced, but not so paidpaid or made, then the Conversion Rate will be readjusted, effective as of the date the Board of Directors determines not to pay such dividend or distributiondistribution or to effect such stock split or stock combination, to the Conversion Rate that would then be in effect had such dividend dividend, distribution, stock split or distribution stock combination not been declareddeclared or announced. For the avoidance of doubt, if the application of the foregoing formula would result in a decrease in the Conversion Rate, no adjustment to the Conversion Rate will be made (other than (i) as a result of a reverse stock split or stock combination or (ii) with respect to the readjustment of the Conversion Rate as described in the immediately preceding sentence).

Stock Dividends, Splits and Combinations. If the Company issues solely shares of Common Stock as a dividend or distribution on all or substantially all shares of the Common Stock, or if the Company effects a stock split or a stock combination of the Common Stock (in each case excluding an issuance solely pursuant to a Common Stock Change Event, as to which the provisions set forth in Section 5.09 will apply), then the Conversion Rate will be adjusted based on the following formula: where: CR0 = the Conversion Rate in effect immediately before the Open of Business on the Ex-Dividend Date for such dividend or distribution, or immediately before the Open of Business on the effective date of such stock split or stock combination, as applicable; CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date or immediately after the Open of Business on such effective date, as applicable; OS0 = the number of shares of Common Stock outstanding immediately before the Close of Business on such Record Date or immediately before the Open of Business on such Ex-Dividend Date or effective date, as applicable, without giving effect to such dividend, distribution, stock split or stock combination; and OS1 = the number of shares of Common Stock outstanding immediately after giving effect to such dividend, distribution, stock split or stock combination. Any Each adjustment to the Conversion Rate made pursuant to this Section 5.05(A)(i) the preceding sentence will become effective as of at the time set forth in the definition of CR1 abovein this Section 5.05(A)(i). If any dividend dividend, distribution, stock split or distribution stock combination of the type described in this Section 5.05(A)(i) is declareddeclared or announced, but not so paidpaid or made, then the Conversion Rate will be readjusted, effective as of the date the Board of Directors determines not to pay such dividend or distributiondistribution or to effect such stock split or stock combination, to the Conversion Rate that would then be in effect had such dividend dividend, distribution, stock split or distribution stock combination not been declareddeclared or announced.

Stock Dividends, Splits and Combinations. If the Company issues solely shares of Common Stock as a dividend or distribution on all or substantially all shares of the Common Stock, or if the Company effects a stock split or a stock combination of the Common Stock (in each case excluding an issuance solely pursuant to a Common Stock Change Event, as to which Section 5.09 5(g) will apply), then each of the Conversion Rate Strike Price and the Warrant Entitlement will be adjusted based on the following formulaformulas: where: CR0 SP0 = the Conversion Rate Strike Price in effect immediately before the Open of Business on the Ex-Dividend Date for such dividend or distribution, or immediately before the Open of Business on the effective date of such stock split or stock combination, as applicable; CR1 SP1 = the Conversion Rate Strike Price in effect immediately after the Open of Business on such Ex-Dividend Date or effective date, as applicable; WE0 = the Warrant Entitlement in effect immediately before the Open of Business on such Ex-Dividend Date or effective date, as applicable; WE1 = the Warrant Entitlement in effect immediately after the Open of Business on such Ex-Dividend Date or effective date, as applicable; OS0 = the number of shares of Common Stock outstanding immediately before the Close of Business on such Record Date or immediately before the Open of Business on such Ex-Dividend Date or effective date, as applicable, without giving effect to such dividend, distribution, stock split or stock combination; and OS1 = the number of shares of Common Stock outstanding immediately after giving effect to such dividend, distribution, stock split or stock combination. Any adjustment to the Conversion Rate pursuant to this Section 5.05(A)(i) will become effective as of the time set forth in CR1 above. If any dividend or distribution of the type described in this Section 5.05(A)(i. (1) is declareddeclared or announced, but not so paidpaid or made, then each of the Conversion Rate Strike Price and the Warrant Entitlement will be readjusted, effective as of the date the Board of Directors determines not to pay such dividend or distributiondistribution or to effect such stock split or stock combination, to the Conversion Rate Strike Price and the Warrant Entitlement, respectively, that would then be in effect had such dividend dividend, distribution, stock split or distribution stock combination not been declareddeclared or announced.

Stock Dividends, Splits and Combinations. If the Company Corporation issues solely shares of Common Stock as a dividend or distribution on all or substantially all shares of the Common Stock, or if the Company Corporation effects a stock split or a stock combination of the Common Stock (in each case excluding an issuance solely pursuant to a Common Stock Change Event, as to which Section 5.09 8(b) of the Certificate of Designations will apply), then the Conversion Rate Price will be adjusted based on the following formula: where: CR0 CP0 = the Conversion Rate Price in effect immediately before the Open of Business on the Ex-Dividend Date for such dividend or distribution, or immediately before the Open of Business on the effective date of such stock split or stock combination, as applicable; CR1 CP1 = the Conversion Rate Price in effect immediately after the Open of Business on such Ex-Dividend Date or immediately after the Open of Business on such effective date, as applicable; OS0 = the number of shares of Common Stock outstanding immediately before the Close of Business on such Record Date or immediately before the Open of Business on such Ex-Dividend Date or effective date, as applicable, without giving effect to such dividend, distribution, stock split or stock combination; and OS1 = the number of shares of Common Stock outstanding immediately after giving effect to such dividend, distribution, stock split or stock combination. Any For the avoidance of doubt, any adjustment to the Conversion Rate pursuant to made under this Section 5.05(A)(i2(a) will of this Exhibit B shall become effective as provided in the definition of the time set forth in CR1 CP1 above. If any dividend dividend, distribution, stock split or distribution stock combination of the type described in this Section 5.05(A)(i2(a) of this Exhibit B is declareddeclared or announced, but not so paidpaid or made, then the Conversion Rate Price will be readjusted, effective as of the date the Board of Directors determines not to pay such dividend or distributiondistribution or to effect such stock split or stock combination, to the Conversion Rate Price that would then be in effect had such dividend dividend, distribution, stock split or distribution stock combination not been declareddeclared or announced.

Stock Dividends, Splits and Combinations. If the Company Issuer issues solely shares of Common Stock as a dividend or distribution on all or substantially all shares of the Common Stock, or if the Company Issuer effects a stock split or a stock combination of the Common Stock (in each case excluding an issuance solely pursuant to a Common Stock Change Event, as to which Section 5.09 2.11 will apply), then the Conversion Rate will be adjusted based on the following formula: where: CR0 = the Conversion Rate in effect immediately before the Open of Business on the Ex-Dividend Date for of such dividend or distribution, or immediately before the Open of Business on the effective date of such stock split or stock combination, as applicable; CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date or immediately after the Open of Business on such effective date, as applicable; OS0 = the number of shares of Common Stock outstanding immediately before the Close of Business on such Record Date or immediately before the Open of Business on such Ex-Dividend Date or effective date, as applicable, without giving effect to such dividend, distribution, stock split or stock combination; and OS1 = the number of shares of Common Stock outstanding immediately after giving effect to such dividend, distribution, stock split or stock combination. Any adjustment to the Conversion Rate pursuant to made under this Section 5.05(A)(i2.8(d)(i) will shall become effective immediately after the Open of Business on the Ex-Dividend Date for such dividend or distribution, or immediately after the Open of Business on the effective date for such share split or share combination, as of the time set forth in CR1 aboveapplicable. If any dividend dividend, distribution, stock split or distribution stock combination of the type described in this Section 5.05(A)(i2.8(d)(i) is declareddeclared or announced, but not so paidpaid or made, then the Conversion Rate ASIA-DOCS\12847562.6 DRAFT 076267-0001 will be readjusted, effective as of the date the Board of Directors determines not to pay such dividend or distributiondistribution or to effect such stock split or stock combination, to the Conversion Rate that would then be in effect had such dividend dividend, distribution, stock split or distribution stock combination not been declareddeclared or announced.