Common use of Adjustment of Unit After a “Diluting Issue Clause in Contracts

Adjustment of Unit After a “Diluting Issue. If on any date on or after the date of this Warrant, any additional shares of Common Stock (other than (a) shares issued upon exercise of this Warrant or (b) Excluded Securities, as hereinafter defined) shall be issued for a consideration per share (or, in the case of any transactions contemplated in paragraphs (2) or (3) of this Section 9(c), shall be deemed to be issued for a Presumed Consideration per share) less than the Current Price on the date such Common Stock was issued or deemed to have been issued, the number of shares of Common Stock theretofore comprising a Unit shall be adjusted as at the close of business on such date to a number equal to the product (computed to the nearest ten thousandth of a share) resulting from the multiplication of (i) the total number of shares of Common Stock comprising a Unit immediately before such adjustment by (ii) a fraction, the numerator of which is (x) the total number of shares of Common Stock outstanding immediately before such issue plus the number of additional shares being issued, and the denominator of which is (y) the total number of shares of Common Stock outstanding immediately prior to such issue plus the number of shares of Common Stock that the aggregate consideration received (or, without duplication, the Presumed Consideration deemed to have been received) for the total number of additional shares so issued would purchase at the Current Price on the date such Common Stock was issued or deemed to have been issued, excluding from both the numerator and denominator of such fraction shares of Common Stock issuable pursuant to exercise of this Warrant and Excluded Securities. For the purpose of this Section 9(c), the following provisions shall be applicable with respect to the issuance of additional shares of Common Stock and the computation set forth in the immediately preceding paragraph: