Common use of Adjustment for Sale of Common Stock Below Current Market Value Clause in Contracts

Adjustment for Sale of Common Stock Below Current Market Value. If, after the date hereof, the Company grants or sells to any Interested Person (other than a wholly-owned subsidiary) any Common Stock or any securities convertible into or exchangeable or exercisable for any Common Stock at a price below the then Current Market Value (other than (1) pursuant to the exercise of the Warrants, (2) pursuant to any security convertible into, or exchangeable or exercisable for shares of Common Stock outstanding as of the date of this Agreement, (3) upon the conversion, exchange or exercise of any convertible, exchangeable or exercisable security as to which upon the issuance thereof an adjustment pursuant to this Article V has previously been made, or (4) upon the conversion, exchange or exercise of convertible, exchangeable or exercisable securities of the Company outstanding on the date of this Agreement (to the extent in accordance with the terms of such securities as in effect on the date of this Agreement)), the Exercise Rate for each Warrant then outstanding shall be adjusted in accordance with the following formula: E' = E x (O + N) --------------- (O + (N x P/M)) where:

Adjustment for Sale of Common Stock Below Current Market Value. If, after the date hereofIssue Date, the Company grants or sells to any Interested Person Affiliate of the Company (other than a wholly-owned subsidiary) any Common Stock or any securities convertible into or exchangeable or exercisable for any Common Stock at a price below the then Current Market Value (other than (1) pursuant to the exercise of the Warrants, (2) pursuant to any security convertible into, or exchangeable or exercisable for for, shares of Common Stock outstanding as of the date of this AgreementIssue Date, (3) upon the conversion, exchange or exercise of any convertible, exchangeable or exercisable security as to which upon the issuance thereof an adjustment pursuant to this Article V has previously been made, made or which did not require any adjustment pursuant to this Article V or (4) upon the conversion, exchange or exercise of convertible, exchangeable or exercisable securities of the Company outstanding on the date of this Agreement Issue Date (to the extent in accordance with the terms of such securities as in effect on such date)) at a price below the date of this Agreement)then Current Market Value (calculated as set forth in Section 5.01(l) hereof), the Exercise Rate for each Warrant then outstanding shall be adjusted in accordance with the following formula: E' = E x (O + N) --------------- (O + (N x P/M)) where:

Adjustment for Sale of Common Stock Below Current Market Value. If, after the date hereof, the Company grants or sells to any Interested Person Affiliate of the Company (other than a wholly-owned subsidiary) any Common Stock or any securities convertible into or exchangeable or exercisable for any Common Stock at a price below the then Current Market Value (other than (1) pursuant to the exercise of the Warrants, (2) pursuant to any security convertible into, or exchangeable or exercisable for shares of Common Stock outstanding as of the date of this Agreement, (3) upon the conversion, exchange or exercise of any convertible, exchangeable or exercisable security as to which upon the issuance thereof an adjustment pursuant to this Article V has previously been made, or (4) upon the conversion, exchange or exercise of convertible, exchangeable or exercisable securities of the Company outstanding on the date of this Agreement (to the extent in accordance with the terms of such securities as in effect on the date of this Agreement), and (5) in connection with a Rollup (as defined in the Indenture), the Exercise Rate for each Warrant then outstanding shall be adjusted in accordance with the following formula: E' = E x (O + N) --------------- ---------------- (O + (N x P/M)) where:

Adjustment for Sale of Common Stock Below Current Market Value. If, after the date hereofClosing Date, the Company grants or sells to any Interested Person (other than a wholly-owned subsidiary) any Common Stock or any securities convertible into or exchangeable or exercisable for any Common Stock at a price below the then Current Market Value (other than (1) pursuant to the exercise of the Warrants, (2) pursuant to any security convertible into, or exchangeable or exercisable for shares of Common Stock outstanding as of the date of this Agreement, (3) upon the conversion, exchange or exercise of any convertible, exchangeable or exercisable security as to which upon the issuance thereof an adjustment pursuant to this Article V has previously been mademade (or as to which no such adjustment was required under this Article V), or (4) upon the conversion, exchange or exercise of convertible, exchangeable or exercisable securities of the Company outstanding on the date of this Agreement (to the extent in accordance with the terms of such securities as in effect on the date of this Agreement)), the Exercise Rate for each Warrant then outstanding shall be adjusted in accordance with the following formula: E' = E x (O + N) --------------- ---------------------- (O + ([N x P/M)]) where: