Common use of Timing of Issuance of Additional Common Stock Upon Certain Adjustments Clause in Contracts

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (f) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (A) issuing to the holder of any share of Series H Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (B) paying to such holder any amount of cash in lieu of a fractional share of Common Stock, provided, that the Company, upon request, shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph subsection (f) shall require that an adjustment shall become effective immediately after a record date for an event, the Company Corporation may defer until the occurrence of such event event: (A) issuing to the holder of any share of Series H Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment adjustment; and (B) paying to such holder any amount of cash in lieu of a fractional share of Common Stock, provided, Stock pursuant to subsection (e) above; provided that the Company, Corporation upon request, request shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (fSection 7(d) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event by (A) issuing to the holder of any share shares of Series H Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment adjustment, and (B) paying to such holder any amount of cash in lieu of a fractional share of Common StockStock pursuant to Section 7(h) hereof; provided, providedhowever, that the Company, Company upon request, request shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional shares, shares and such cash, cash upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (f) Section 11 shall require that an adjustment shall become effective immediately after a record date for an event, the Company Corporation may defer until the occurrence of such event (Ai) issuing to the holder of any share of Series H Designated Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock Shares issuable upon such conversion before giving effect to such adjustment and (Bii) paying to such holder of Designated Preferred Stock any amount of cash in lieu of a fractional share of Common Stock; provided, providedhowever, that the Company, Corporation upon request, request shall deliver to such holder of Designated Preferred Stock a due xxxx or other appropriate instrument evidencing the right of such holder's right holder of Designated Preferred Stock to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (f) Section 12 shall require that an adjustment shall become effective immediately after a record date for an event, or such later date as provided in Section 12(B), the Company may defer until the occurrence of such event (Ai) issuing to the holder a Warrantholder of any share of Series H Preferred Stock converted Warrants exercised after such record date or such later date as provided in Section 12(B) and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion exercise before giving effect to such adjustment and (Bii) paying to such holder Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, providedhowever, that the Company, Company upon request, request shall deliver to such holder Warrantholder a due xxxx or other appropriate instrument evidencing such holder's Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (f) Section 5 shall require that an adjustment shall become effective immediately after a record date for an event, the Company Corporation may defer until the occurrence of such event (Ai) issuing to the holder of any share shares of Series H A Convertible Preferred Stock being converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (Bii) paying to such holder any amount of cash in lieu of a fractional share of Common Stock; provided, providedhowever, that the Company, Corporation upon request, request shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional sharesshares of Common Stock, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (f) paragraph "E" shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (Ai) issuing to the holder of any share shares of Series H B Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment adjustment, and (Bii) paying to such holder any amount of cash in lieu of a fractional share of Common StockStock pursuant to paragraph "C" of Section IX hereof; provided, providedhowever, that the Company, Company upon request, request shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holderhoxxxx's right to receive such additional shares, shares and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (fg) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (A) issuing to the holder of any share of Series H Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (B) paying to such holder any amount of cash in lieu of a fractional share of Common Stock, provided, Stock pursuant to subparagraph (e) of this Section 3; provided that the Company, Company upon request, request shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.appropriate

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (f) paragraph 3 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (A) issuing to the holder Payee for any portion of any share of Series H Preferred Stock this Promissory Note converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (B) paying to such holder any amount of cash in lieu of a fractional share of Common Stock, provided, Stock pursuant to this paragraph 3; provided that the Company, Company upon request, request shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holder's right holder'x xxght to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (f) Section 5.1.5 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (Ai) issuing to the holder of any share of Series H Preferred Stock the Note converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (Bii) paying to such holder any amount of cash in lieu of a fractional share of Common Stock, provided, Stock pursuant to Section 5.1.4; PROVIDED that the Company, Company upon request, request shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holdersucx xxlder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (fSection 13.4(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (A) issuing to the holder of any share of Series H Preferred Stock Debenture converted after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such conversion before giving effect to such adjustment and (B) paying to such holder any amount of cash in lieu of a fractional share of Common Stockadjustment; provided, provided--------- however, that the Company, Company upon request, request shall deliver to such holder a due -------- xxxx or other appropriate instrument evidencing such holder's right to receive such additional sharesshares or other property, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (f) paragraph shall require that an adjustment shall become effective immediately after a record date for an event, the Company Borrower may defer until the occurrence of such event (A) issuing to the holder of any share of Series H Preferred Stock Lender converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (B) paying to such holder Lender any amount of cash in lieu of a fractional share of Common Stock, Stock pursuant to Subsection 2.8.5 of this Section; provided, that that, the Company, Borrower upon request, request shall deliver to such holder Lender a due xxxx or other appropriate instrument evidencing such holder's Lender’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph (f) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (A) issuing to the holder of any share of Series H I Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (B) paying to such holder any amount of cash in lieu of a fractional share of Common Stock, provided, that the Company, upon request, shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.