Common use of When Adjustment Is Not Required Clause in Contracts

When Adjustment Is Not Required. The provisions of Section 3.4(a) shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is made under Section 3.2 or Section 3.3. Subject to Section 3.7, no adjustment of the Warrants or the Warrant Price shall be made under this Section 3.4 upon the issuance of any Additional Shares of Common Stock which are or are deemed to be issued pursuant to (i) the exercise of any Existing Rights in accordance with the terms thereof in effect on the Closing Date or (ii) the exercise of any other Rights or the exercise of any conversion or exchange rights in any other Convertible Securities if, in the case of any such Rights or Convertible Securities referred to in this clause (ii) any such adjustment shall previously have been made, or no such adjustment shall have been required to be made, upon the issuance of such Rights or upon the issuance of such Convertible Securities (or upon the issuance of any Rights therefor) pursuant to Section 3.5 or Section 3.6.

When Adjustment Is Not Required. The provisions of ------------------------------- Section 3.4(a) shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is made under Section 3.2 or Section 3.3. Subject to Section 3.7, no adjustment of the Warrants or the Warrant Price shall be made under this Section 3.4 upon the issuance of any Additional Shares of Common Stock which are or are deemed to be issued pursuant to (i) the exercise of any Existing Rights in accordance with the terms thereof in effect on the Closing Date or (ii) the exercise of any other Rights or the exercise of any conversion or exchange rights in any other Convertible Securities if, in the case of any such Rights or Convertible Securities referred to in this clause (ii) any such adjustment shall previously have been made, or no such adjustment shall have been required to be made, upon the issuance of such Rights or upon the issuance of such Convertible Securities (or upon the issuance of any Rights therefor) pursuant to Section 3.5 or Section 3.6.

When Adjustment Is Not Required. The provisions of Section 3.4(a10.4(a) shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is made under Section 3.2 10.2 or Section 3.310.3. Subject to Section 3.710.7, no adjustment of the Warrants or the Warrant Conversion Price shall be made under this Section 3.4 10.4 upon the issuance of any Additional Shares of Common Stock which are or are deemed to be issued pursuant to (i) the exercise of any Existing Rights in accordance with the terms thereof in effect on of the Closing Date or (ii) the exercise of any other Rights or the exercise of any conversion or exchange rights in any other Convertible Securities if, in the case of any such Rights or Convertible Securities referred to in this clause (ii) any such adjustment shall previously have been made, or no such adjustment shall have been required to be made, upon the issuance of such Rights or upon the issuance of such Convertible Securities (or upon the issuance of any Rights therefor) pursuant to Section 3.5 10.5 or Section 3.610.6.

When Adjustment Is Not Required. The provisions of Section 3.4(a) ------------------------------- -------------- shall not apply to any issuance of Additional Shares of Common Stock for which an adjustment is made under Section 3.2 or Section 3.3. Subject to Section 3.7, ----------- ----------- ----------- no adjustment of the Warrants or the Warrant Price Conversion Rate shall be made under this Section 3.4 upon ----------- the issuance of any Additional Shares of Common Stock which are or are deemed to be issued pursuant to (i) the i)the exercise of any Existing Rights in accordance with the terms thereof in effect on the Closing Date or (ii) the exercise of any other Rights or the exercise of any conversion or exchange rights in any other Convertible Securities if, in the case of any such Rights or Convertible Securities referred to in this clause (ii) any such adjustment shall previously have been made, or no such adjustment shall have been required to be made, upon the issuance of such Rights or upon the issuance of such Convertible Securities (or upon the issuance of any Rights therefor) pursuant to Section 3.5 or ----------- Section 3.6.. -----------