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 shares of Excluded Stock) 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(e), 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 comprising a Unit immediately before such adjustment by (ii) a fraction, the numerator of which is the Current Price on the date such Common Stock was issued or deemed to have been issued, and the denominator of which is the consideration received (or, without duplication, the Presumed Consideration deemed to have been received) per share for such additional shares so issued. For the purpose of this Section 9(e), 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: