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. If the provisions of Section 10 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 a Holder of Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise 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, however, that, upon request, the Company 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. If In any case in which the provisions of Section 10 this Part 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 (a1) issuing to a the Holder of Warrants exercised exercising after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (b2) paying to such Holder any amount of cash in lieu of a fractional share of such Common Stock; provided, however, that, upon request, that the Company upon request shall deliver to such the Holder a due xxxx bill or other appropriate instrument evidencing such Holder’s thx 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. If the provisions of Section 10 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 a Holder of Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise 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, however, that, upon request, the Company shall deliver to such Holder a due xxxx bill 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. If In any case in which the provisions of Section 10 this Part 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 (a1) issuing to a the Holder of Warrants exercised exercising after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (b2) paying to such Holder any amount of cash in lieu of a fractional share of such Common Stock; provided, however, that, upon request, that the Company upon request shall deliver to such the Holder a due xxxx bill or other appropriate instrument evidencing such the Holder’s 's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.