Common use of Superseding Adjustment of Warrant Price Clause in Contracts

Superseding Adjustment of Warrant Price. If at any time after --------------------------------------- any adjustment of the Warrant Price shall have been made pursuant to the foregoing Subsections 4(a)(iv) or 4(a)(v) on the basis of the issuance of warrants, options or other rights or the issuance of other Convertible Securities or after any new adjustment of the Warrant Price shall have been made pursuant to this Subsection 4(a)(vi), (A) such warrants, options or other rights or the right of conversion or exchange in such other Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange in respect of a portion of such other Convertible Securities, as the case may be, shall not have been exercised, or (B) the consideration per share for which Additional Shares of Other Stock are issuable pursuant to such warrants, options, or rights or the terms of such other Convertible Securities, shall be increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the Additional Shares of Other Stock which were deemed to have been issued by virtue of the computation made in connection with the adjustment so rescinded and annulled shall no longer be deemed to have been issued by virtue of such computation. Thereupon, a recomputation shall be made of the effect of such warrants, options or other rights, or other Convertible Securities on the basis of: (1) treating the number of Additional Shares of Other Stock, if any, theretofore actually issued or issuable pursuant to the previous exercise of such warrants, options or other rights or such right of conversion or exchange, as having been issued on the date or dates of such issuance as determined for purposes of such previous adjustment and for the consideration actually received therefor, and (2) treating any such warrants, options or other rights or any such other Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such increase of the consideration per share for such Additional Shares of Other Stock issuable under such warrants, options or other rights or other Convertible Securities, and, if and to the extent called for by the foregoing provisions of this Subsection 4(a) on the basis aforesaid, a new adjustment of the Warrant Price shall be made, and such new adjustment shall supersede the previous adjustment so rescinded and annulled. If any such superseding adjustment of the Warrant Price is made after the exercise of this Warrant by a former Holder of this Warrant in lieu of such adjustment, if, and only if, such former Holder owns shares of Common Stock of the Corporation obtained upon exercise of this Warrant, the Corporation shall have the option to purchase the number of shares of Common Stock from such former Holder equal to the difference between (x) the number of shares of Common Stock which such former Holder received upon exercise prior to the adjustment, and (y) the number of shares of Common Stock which such former Holder would have received on exercise had such adjustment been made prior to exercise. The purchase price per share of such stock shall be $0.01 per share.

Superseding Adjustment of Warrant Price. If at any time after --------------------------------------- any adjustment of the Warrant Price shall have been made pursuant to the foregoing Subsections 4(a)(iv) or 4(a)(v) on the basis of the issuance of warrants, options or other rights or the issuance of other Convertible Securities or after any new adjustment of the Warrant Price shall have been made pursuant to this Subsection 4(a)(vi), (A) such warrants, options or other rights or the right of conversion or exchange in such other Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange in respect of a portion of such other Convertible Securities, as the case may be, shall not have been exercised, or (B) the consideration per share for which Additional Shares of Other Stock are issuable pursuant to such warrants, options, or rights or the terms of such other Convertible Securities, shall be increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the Additional Shares of Other Stock which were deemed to have been issued by virtue of the computation made in connection with the adjustment so rescinded and annulled shall no longer be deemed to have been issued by virtue of such computation. Thereupon, a recomputation shall be made of the effect of such warrants, options or other rights, or other Convertible Securities on the basis of: (1) treating the number of Additional Shares of Other Stock, if any, theretofore actually issued or issuable pursuant to the previous exercise of such warrants, options or other rights or such right of conversion or exchange, as having been issued on the date or dates of such issuance as determined for purposes of such previous adjustment and for the consideration actually received therefor, and (2) treating any such warrants, options or other rights or any such other Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such increase of the consideration per share for such Additional Shares of Other Stock issuable under such warrants, options or other rights or other Convertible Securities, and, if and to the extent called for by the foregoing provisions of this Subsection 4(a) on the basis aforesaid, a new adjustment of the Warrant Price shall be made, and such new adjustment shall supersede the previous adjustment so rescinded and annulled. If any such superseding adjustment of the Warrant Price is made after the exercise of this Warrant by a former Holder of this Warrant Warrant, in lieu of such adjustment, if, and only if, such former Holder owns shares of Common Stock of the Corporation obtained upon exercise of this Warrant, the Corporation shall have the option to purchase the number of shares of Common Stock from such former Holder equal to the difference between (x) the number of shares of Common Stock which such former Holder received upon exercise prior to the adjustment, and (y) the number of shares of Common Stock which such former Holder would have received on exercise had such adjustment been made prior to exercise. The purchase price per share of such stock shall be $0.01 per share.