Common use of Stock Splits, Combinations, etc Clause in Contracts

Stock Splits, Combinations, etc. In case the Company shall hereafter (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (ii) subdivide its outstanding shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Stock underlying the Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares Warrant Shares issuable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An Any adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusiveconclusive and evidenced by a Board resolution) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock Capital Stock (whether shares of Common Stock or of capital stock Capital Stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, Stock or (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or then (ivi) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Capital Stock underlying purchasable upon exercise of each Warrant immediately after the Warrant (if applicable) in effect immediately prior to happening of such action event shall be adjusted so that that, after giving effect to such adjustment, the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock Capital Stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto, and (ii) the Exercise Price in effect immediately prior to such action, shall be decreased to a price determined by multiplying the Exercise Price then in effect by a fraction (x) the numerator of which shall be the number of shares of Common Stock purchasable upon the exercise of the Warrants immediately prior to such adjustment, and (y) the denominator of which shall be the number of shares of Common Stock so purchasable immediately thereafter. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock Capital Stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stockCapital Stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on any of its Common Stock Equivalents (as defined below) in shares of its capital stock (whether Common Stock of shares of Common Stock or of capital stock of any other another class), (iiB) subdivide any of its outstanding shares of Common Stock, Stock Equivalents or (iiiC) combine any of its outstanding shares of Common Stock Equivalents into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Stock underlying the each Warrant (if applicable) Number in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination subdivision or reclassificationcombination. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors (whose determination of the Company shall be conclusive) shall in good faith determine the allocation of the each adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company after the date hereof shall hereafter (iA) make or pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class)on its Common Stock, (iiB) subdivide its outstanding shares of Common Stock, Stock into a greater number of shares or (iiiC) combine or reclassify its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification the number of its shares of Common Stock any shares of capital stock Shares purchasable upon exercise of the Company, the Exercise Price and number of shares of Common Stock underlying the Warrant (if applicable) in effect Warrants immediately prior to such action shall be adjusted so that the Holder holder of any Warrant thereafter exercised upon exercise of the Warrants shall be entitled to receive the number of shares of capital stock of the Company Common Stock which such Holder holder would have owned or would have been entitled to receive immediately following such action had such Warrant the Warrants been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective on the day immediately after the record date date, except as provided in Section 5.03 below, in the case of a dividend or distribution and shall become effective on the day immediately after the effective date in the case of a subdivision, subdivision or combination or reclassification. If, Whenever the number of Shares purchasable upon the exercise of a Warrant is adjusted as a result of an adjustment made pursuant to provided in this paragraphparagraph (a), the Holder Exercise Price shall be adjusted by multiplying such Exercise Price immediately prior to such adjustment by a fraction, of any Warrant thereafter exercised which the numerator shall become entitled to receive shares be the number of two or more classes of capital stock Shares purchasable upon the exercise of the CompanyWarrants immediately prior to such adjustment, and of which the Board of Directors (whose determination denominator shall be conclusive) shall determine the allocation number of the adjusted Exercise Price between or among shares of such classes of capital stockShares so purchasable immediately thereafter.

Stock Splits, Combinations, etc. In case the Company shall hereafter (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (ii) subdivide its outstanding shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares of Common Stock underlying the issuable upon exercise of each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Registered Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which at the same aggregate Exercise Price that such Registered Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Registered Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares Warrant Shares issuable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (ii) subdivide its outstanding shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Underlying Share Purchase Price in effect and the number of shares Underlying Shares issuable upon exercise of Common Stock underlying the a Managing Underwriters' Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Managing Underwriters' Warrant Holder of any such Managing Underwriters' Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which at the same aggregate Underlying Share Purchase Price that such Managing Underwriters' Warrant Holder would have owned immediately following such action had such Managing Underwriters' Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Managing Underwriters' Warrant Holder of any the Managing Underwriters' Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Underlying Share Purchase Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, Stock or (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or the (iva) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares Shares purchasable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action thereto shall be adjusted so that the Holder holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company Shares which such Holder holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto, and (b) the Exercise Price shall be adjusted by multiplying such Exercise Price immediately prior to such adjustment by a fraction, of which the numerator shall be the number of Shares purchasable upon the exercise of each Warrant immediately prior to such adjustment, and of which the denominator shall be the number of Shares purchasable immediately thereafter. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (ii) subdivide its outstanding shares of Common Stock, Stock or (iii) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares Shares purchasable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action thereto shall be adjusted so that the Holder holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company Shares which such Holder holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiA) subdivide its outstanding shares of Common Stock, (iiiB) combine its outstanding shares of Common Stock into a smaller number of shares, or (ivC) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares Warrant Shares issuable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, shares or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Stock underlying the Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive upon payment of the Exercise Price the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company after the date hereof shall hereafter (iA) make or pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class)on its Common Stock, (iiB) subdivide its outstanding shares of Common Stock, Stock into a greater number of shares or (iiiC) combine or reclassify its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification the number of its shares of Common Stock any shares of capital stock Shares purchasable upon exercise of the Company, the Exercise Price and number of shares of Common Stock underlying the Warrant (if applicable) in effect Warrants immediately prior to such action shall be adjusted so that the Holder Warrantholder upon exercise of any Warrant thereafter exercised the Warrants shall be entitled to receive the number of shares of capital stock of the Company Common Stock which such Holder he would have owned or would have been entitled to receive immediately following such action had such Warrant the Warrants been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective on the day immediately after the record date date, except as provided in Section 5.03 below, in the case of a dividend or distribution and shall become effective on the day immediately after the effective date in the case of a subdivision, subdivision or combination or reclassification. If, Whenever the number of Shares purchasable upon the exercise of a Warrant is adjusted as a result of an adjustment made pursuant to provided in this paragraphparagraph (a), the Holder Exercise Price shall be adjusted by multiplying such Exercise Price immediately prior to such adjustment by a fraction, of any Warrant thereafter exercised which the numerator shall become entitled to receive shares be the number of two or more classes of capital stock Shares purchasable upon the exercise of the CompanyWarrants immediately prior to such adjustment, and of which the Board of Directors (whose determination denominator shall be conclusive) shall determine the allocation number of the adjusted Exercise Price between or among shares of such classes of capital stockShares so purchasable immediately thereafter.

Stock Splits, Combinations, etc. In case the Company shall ------------------------------- hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares Warrant Shares issuable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.the

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares Warrant Shares issuable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph Section 15.1 shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraphSection 15.1, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter hereafter, but prior to 5:00 p.m. (New York City time) on the Underlying Share Expiration Date: (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether such distribution consists of shares of Common Stock or of capital stock of any other class), ; (ii) subdivide its outstanding shares of Common Stock, ; (iii) combine its outstanding shares of Common Stock into a smaller number of shares, ; or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Underlying Share Purchase Price in effect and the number of shares Underlying Shares issuable upon exercise of Common Stock underlying the Warrant (if applicable) in effect Warrants immediately prior to such action shall be adjusted so that the Warrant Holder of any Warrant thereafter exercised shall be entitled to receive the that number of shares of capital stock of the Company which such at the same aggregate Underlying Share Purchase Price that the Warrant Holder would have owned immediately following such action had such Warrant the Warrants been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective on the day which is immediately after the record date in the case of a dividend and shall become effective on the day which is immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Warrant Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Underlying Share Purchase Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall ------------------------------- hereafter (ia) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares Warrant Shares issuable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An Any adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case any of the Company Warrant ------------------------------- Issuers shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Companysuch Warrant Issuer, the Exercise Price in effect and the number of shares Warrant Shares issuable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company such Warrant Issuer which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An Any adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Companysuch Warrant Issuer, the Board of Directors of such Warrant Issuer (whose determination shall be conclusiveconclusive and evidenced by a Board resolution) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (ii) subdivide its outstanding shares of Common Stock, Stock or (iii) combine its outstanding shares of Common Stock into a smaller number of shares, or then (iv1) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares Warrant Shares purchasable upon exercise of Common Stock underlying the this Warrant (if applicable) in effect immediately prior to such action thereto shall be adjusted so that the Holder holder of any this Warrant thereafter exercised shall be entitled to receive the number of shares of Warrant Shares (and/or other capital stock of the Company which referred to in clause (i) above) that such Holder holder would have owned immediately following such action had such this Warrant been exercised immediately prior thereto, (2) the Exercise Price shall be adjusted to the product obtained by multiplying the Exercise Price in effect immediately prior to such adjustment by a fraction, the numerator of which shall be the number of Warrant Shares immediately prior to the adjustment required pursuant to clause (1) above and the denominator of which shall be the number of Warrant Shares immediately thereafter and (3) the Threshold Price shall be adjusted to the product obtained by multiplying the Threshold Price in effect immediately prior to such adjustment by the fraction referred to in clause (2) above. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, If as a result of an adjustment made pursuant to this paragraph, the Holder holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.this Warrant

Stock Splits, Combinations, etc. In case the Company shall hereafter (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (ii) subdivide its outstanding shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares of Common Stock underlying the issuable upon exercise of each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Registered Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which at the same aggregate Exercise Price that such Registered Holder would have 8 owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Registered Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company after the date hereof shall hereafter (iA) make or pay a dividend or make a other distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class)on its Common Stock, (iiB) subdivide its outstanding shares of Common Stock, Stock into a greater number of shares or (iiiC) combine or reclassify its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification the number of its shares of Common Stock any shares of capital stock Shares purchasable upon exercise of the Company, the Exercise Price and number of shares of Common Stock underlying the Warrant (if applicable) in effect Warrants immediately prior to such action shall be adjusted so that the Holder holder of any a Warrant thereafter exercised upon exercise of the Warrant shall be entitled to receive the number of shares of capital stock of the Company Common Stock which such Holder holder would have owned or would have been entitled to receive immediately following such action had such the Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective on the day immediately after the record date date, except as provided in Section 5.03 below, in the case of a dividend or distribution and shall become effective on the day immediately after the effective date in the case of a subdivision, combination or reclassification. If, Whenever the number of Shares purchasable upon the exercise of a Warrant is adjusted as a result of an adjustment made pursuant to provided in this paragraphparagraph (a), the Holder Exercise Price shall be adjusted by multiplying such Exercise Price immediately prior to such adjustment by a fraction, of any Warrant thereafter exercised which the numerator shall become entitled to receive shares be the number of two or more classes of capital stock Shares purchasable upon the exercise of the CompanyWarrant immediately prior to such adjustment, and of which the Board of Directors (whose determination denominator shall be conclusive) shall determine the allocation number of the adjusted Exercise Price between or among shares of such classes of capital stockShares so purchasable immediately thereafter.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or other equity interests of capital stock of any other classthe Company), (iiB) subdivide or split its outstanding shares of Common StockStock into a greater number of shares, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, shares or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Stock underlying the Warrant (if applicable) Per Share in effect immediately prior to such action and, if applicable, the amount and/or type of security issuable upon any exercise of a Warrant shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive upon payment of the number Warrant Exercise Price the kind and amount of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, split, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Warrant Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Additional Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, Stock or (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Stock underlying the Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock Capital Stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this 505298\0057\02050\96AXKLE3.WAR paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock Capital Stock of the Company, the Board of Directors (whose determination of the Company shall be conclusive) shall in good faith determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stockCapital Stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter hereafter, but prior to 5:00 p.m. (New York City time) on the Underlying Securities Expiration Date: (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether such distribution consists of shares of Common Stock or of capital stock of any other class), ; (ii) subdivide its outstanding shares of Common Stock, ; (iii) combine its outstanding shares of Common Stock into a smaller number of shares, ; or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Underlying Securities Purchase Price in effect and the number of shares Underlying Securities issuable upon exercise of Common Stock underlying the Warrant (if applicable) in effect JMS Warrants immediately prior to such action shall be adjusted so that the JMS Warrant Holder of any Warrant thereafter exercised shall be entitled to receive the that number of shares of capital stock of the Company which such at the same aggregate Underlying Securities Purchase Price that the JMS Warrant Holder would have owned immediately following such action had such Warrant the JMS Warrants been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective on the day which is immediately after the record date in the case of a dividend and shall become effective on the day which is immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the JMS Warrant Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Underlying Securities Purchase Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, shares or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Stock underlying the Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, Stock or (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares Shares purchasable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action thereto shall be adjusted so that the Holder holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company Shares which such Holder holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (ii) subdivide its outstanding shares of Common Stock, Stock or (iii) combine its outstanding shares of Common Stock into a smaller number of shares, or then (iv1) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares Warrant Shares purchasable upon exercise of Common Stock underlying the this Warrant (if applicable) in effect immediately prior to such action thereto shall be adjusted so that the Holder holder of any this Warrant thereafter exercised shall be entitled to receive the number of shares of Warrant Shares (and/or other capital stock of the Company which referred to in clause (i) above) that such Holder holder would have owned immediately following such action had such this Warrant been exercised immediately prior thereto. An , (2) the Exercise Price shall be adjusted to the product obtained by multiplying the Exercise Price in effect immediately prior to such adjustment made by a fraction, the numerator of which shall be the number of Warrant Shares immediately prior to the adjustment required pursuant to this paragraph shall become effective immediately after clause (1) above and the record date in the case denominator of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors (whose determination which shall be conclusive) shall determine the allocation number of the adjusted Exercise Price between or among shares of such classes of capital stock.Warrant Shares

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares Warrant Shares issuable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An Any adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors (whose determination of the Company shall be conclusive) shall in good faith determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter ------------------------------- hereafter, but prior to 5:00 p.m. (California time) on the Underlying Share Expiration Date: (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether such distribution consists of shares of Common Stock or of capital stock of any other class), ; (ii) subdivide its outstanding shares of Common Stock, ; (iii) combine its outstanding shares of Common Stock into a smaller number of shares, ; or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Underlying Share Purchase Price in effect and the number of shares Underlying Shares issuable upon exercise of Common Stock underlying the Warrant (if applicable) in effect Warrants immediately prior to such action shall be adjusted so that the Warrant Holder of any Warrant thereafter exercised shall be entitled to receive the that number of shares of capital stock Common Stock of the Company which such at the same aggregate Underlying Share Purchase Price that the Warrant Holder would have owned immediately following such action had such Warrant the Warrants been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective on the day which is immediately after the record date in the case of a dividend and shall become effective on the day which is immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Warrant Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Underlying Share Purchase Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (ia) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares Warrant Shares issuable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive receive, for the same Exercise Price, the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An Any adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (ii) subdivide its outstanding shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Purchase Price and number of shares of Common Stock underlying the Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Purchase Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock stock- (whether shares of Common Stock or of capital stock of any other class), (ii) subdivide its outstanding shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares shams of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares Underlying Shares issuable upon exercise of Common Stock underlying the a Placement Agent Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such at the same aggregate Exercise Price that the Holder would have owned immediately following such action had such Placement Agent Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, reclassification It as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Additional Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, Stock or (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Stock underlying the Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock Capital Stock of the Company which such Holder would have owned immediately following such action had such xxxx Warrant been exercised immediately prior thereto. An adjustment made pursuant to this 505298\0057\02050\96AXKNAK.WAR paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock Capital Stock of the Company, the Board of Directors (whose determination of the Company shall be conclusive) shall in good faith determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stockCapital Stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price in effect and the number of shares Warrant Shares issuable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock Additional Shares or of capital stock of any other another class), (iiB) subdivide its outstanding shares of Common Stock, Stock or (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Stock underlying the each Warrant (if applicable) Number in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors (whose determination of the Company shall be conclusive) shall in good faith determine the allocation of the each adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class)Capital Stock, (iiB) subdivide its outstanding shares of Common Stock, Stock or (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and the number and kind of shares purchasable upon the exercise of Common Stock underlying the Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised in full shall be entitled to receive upon payment of the same aggregate exercise price as prior to such adjustment the number of shares of capital stock Capital Stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock Capital Stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stockCapital Stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (ivD) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Stock underlying the Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which such Holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company If Under Armour shall hereafter (iA) pay a dividend or make a distribution on its Common Stock Shares in shares of its capital stock (whether shares of Common Stock Shares or of capital stock of any other class), (iiB) subdivide its outstanding shares Common Shares into a greater number of Common Stockshares, (iiiC) combine its outstanding shares of Common Stock Shares into a smaller number of shares, shares or (ivD) issue by reclassification reclassification, recapitalization or reorganization of its shares of outstanding Common Stock Shares any shares of its capital stock of the Companystock, the Exercise Price in effect and the number of shares Underlying Shares issuable upon exercise of Common Stock underlying the each Warrant (if applicable) in effect immediately prior to such action shall be adjusted so that the Holder holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company which Underlying Shares that such Holder holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph Section 6.01(a) shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraphSection 6.01(a), the Holder holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the CompanyUnder Armour, the Board board of Directors (whose determination directors of Under Armour shall be conclusive) shall in good faith determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, Stock or (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Stock underlying the into which this Warrant (if applicable) in effect is exercisable immediately prior to following such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock Class D Common of the Company that represents the same percentage of the outstanding Common Stock which such Holder would have owned immediately following prior to such action had such Warrant been exercised immediately prior theretothereto and had such dividend, distribution, subdivision, combination or reclassification been made on a pro rata share-for-share basis. An adjustment made pursuant to this paragraph Section shall become effective immediately after the record date in the case of a dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraphSection, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (iA) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (iiB) subdivide its outstanding shares of Common Stock, Stock or (iiiC) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares of Common Stock underlying the into which this Warrant (if applicable) in effect is exercisable immediately prior to following such action shall be adjusted so that the Holder of any Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock Class E Common of the Company that represents the same percentage of the outstanding Common Stock which such Holder would have owned immediately following prior to such action had such Warrant been exercised immediately prior theretothereto and had such dividend, distribution, subdivision, combination or reclassification been made on a pro rata share-for-share basis. An adjustment made pursuant to this paragraph Section shall become effective immediately after the record date in the case of a dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraphSection, the Holder of any Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.

Stock Splits, Combinations, etc. In case the Company shall hereafter (i) pay a dividend or make a distribution on its Common Stock in shares of its capital stock (whether shares of Common Stock or of capital stock of any other class), (ii) subdivide its outstanding shares of Common Stock, Stock or (iii) combine its outstanding shares of Common Stock into a smaller number of shares, or (iv) issue by reclassification of its shares of Common Stock any shares of capital stock of the Company, the Exercise Price and number of shares Warrant Shares purchasable upon exercise of Common Stock underlying the this Warrant (if applicable) in effect immediately prior to such action thereto shall be adjusted so that the Holder holder of any this Warrant thereafter exercised shall be entitled to receive the number of shares of capital stock of the Company Warrant Shares which such Holder holder would have owned immediately following such action had such Warrant been exercised immediately prior thereto. An adjustment made pursuant to this paragraph shall become effective immediately after the record date in the case of a dividend and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. If, as a result of an adjustment made pursuant to this paragraph, the Holder holder of any this Warrant thereafter exercised shall become entitled to receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (whose determination shall be conclusive) shall determine the allocation of the adjusted Exercise Price between or among shares of such classes of capital stock.