Common use of Underlying Warrants and Warrant Shares Treated Separately Clause in Contracts

Underlying Warrants and Warrant Shares Treated Separately. Other than an adjustment to the Underlying Warrants issuable upon exercise of the Special Warrants pursuant to Section 4.1(d) and the first paragraph of Section 2.12, the parties hereto agree the rights of Special Warrantholders to acquire Underlying Warrants (including the exercise price thereof) and/or Common Shares underlying the Underlying Warrants in effect at any date attaching to the Special Warrants shall be subject to adjustment from time to time in accordance with the provisions of the warrant indenture governing the Underlying Warrants.