Common use of ADJUSTMENTS FOR STOCK DIVIDENDS, SUBDIVISIONS AND COMBINATIONS Clause in Contracts

ADJUSTMENTS FOR STOCK DIVIDENDS, SUBDIVISIONS AND COMBINATIONS. (a) In the event that, at any time and from time to time after the Issue Date, the Corporation shall (A) issue any additional shares of Stock as a dividend or distribution on its outstanding Stock or options, warrants or other rights to purchase, directly or indirectly, Stock as a dividend or distribution on its outstanding Stock or securities convertible, directly or indirectly, into Stock as a dividend or distribution on its outstanding Stock (other than shares of Stock issued upon conversion of Preferred Stock), (B) subdivide its outstanding shares of Stock into a greater number of shares of Stock or (C) combine its outstanding shares of Stock into a smaller number of shares of Stock, then and in each such event, (x) the Exercise Price shall, simultaneously with the happening of such event, be adjusted by multiplying the then current Exercise Price by a fraction, (i) the numerator of which shall be the number of shares of Stock outstanding immediately prior to such event on a fully-diluted basis, assuming exercise in full of all options, warrants or other rights to purchase Stock, directly or indirectly, outstanding immediately prior to such event and conversion into or exchange for Stock, directly or indirectly, of all securities convertible into or exchangeable for Stock outstanding immediately prior to such event, each in accordance with their terms, and (ii) the denominator of which shall be the number of shares of Stock outstanding immediately after such event on a fully-diluted basis, assuming exercise in full of all options, warrants or other rights to purchase Stock, directly or indirectly, outstanding immediately after such event and conversion into or exchange for Stock, directly or indirectly, of all securities convertible into or exchangeable for Stock outstanding immediately after such event, each in accordance with their terms, and the product so obtained shall thereafter be the Exercise Price then in effect, and (y) the number of Warrant Shares shall be adjusted by increasing or decreasing, as the case may be, the number of shares of Stock included within the Warrant Shares by the percentage increase or decrease in the total number of shares of Stock outstanding immediately after such event as compared to the total number of shares of Stock outstanding immediately prior to such event and the result so obtained shall be the number of Warrant Shares then in effect.

ADJUSTMENTS FOR STOCK DIVIDENDS, SUBDIVISIONS AND COMBINATIONS. (a) In the event that, at any time and from time to time after the Issue Date, the Corporation shall (Ai) issue any additional shares of Stock as a dividend or distribution on its outstanding Stock or options, warrants or other rights to purchase, directly or indirectly, Stock as a dividend or distribution on its outstanding Stock or securities convertible, directly or indirectly, into Stock as a dividend or distribution on its outstanding Stock (other than shares of Stock issued upon exchange, exercise or conversion of the Preferred StockStock or upon exercise of this Warrant), (Bii) subdivide its outstanding shares of Stock into a greater number of shares of Stock or (Ciii) combine its outstanding shares of Stock into a smaller number of shares of Stock, then and in each such event, (x) the Exercise Price shall, simultaneously with the happening of such event, be adjusted by multiplying the then current Exercise Price by a fraction, (iA) the numerator of which shall be the number of shares of Stock outstanding immediately prior to such event on a fully-diluted basis, assuming exercise in full of all options, warrants or other rights to purchase Stock, directly or indirectly, outstanding immediately prior to such event and conversion into or exchange for Stock, directly or indirectly, of all securities convertible into or exchangeable for Stock outstanding immediately prior to such event, each in accordance with their terms, and (iiB) the denominator of which shall be the number of shares of Stock outstanding immediately after such event on a fully-diluted basis, assuming exercise in full of all options, warrants or other rights to purchase Stock, directly or indirectly, outstanding immediately after such event and conversion into or exchange for Stock, directly or indirectly, of all securities convertible into or exchangeable for Stock outstanding immediately after such event, each in accordance with their terms, and the product so obtained shall thereafter be the Exercise Price then in effect, and (y) the number of Warrant Shares shall be adjusted by increasing or decreasing, as the case may be, the number of shares of Stock included within the Warrant Shares immediately prior to such event by the percentage increase or decrease in the total number of shares of Stock outstanding immediately after such event as compared to the total number of shares of Stock outstanding immediately prior to such event and the result so obtained shall be the number of Warrant Shares then in effect.

ADJUSTMENTS FOR STOCK DIVIDENDS, SUBDIVISIONS AND COMBINATIONS. (a) In the event that, at any time and from time to time after the Issue Date, the Corporation shall (A) issue any additional shares of Stock as a dividend or distribution on its outstanding Stock stock or options, warrants or other rights to purchase, directly or indirectly, Stock as a dividend or distribution on its outstanding Stock stock or securities convertible, directly or indirectly, into Stock as a dividend or distribution on its outstanding Stock stock (other than shares of Stock issued upon exchange, exercise or conversion of the Preferred StockStock or Purchased Securities (as defined in the Purchase Agreement)), (B) subdivide its outstanding shares of Stock into a greater number of shares of Stock or (C) combine its outstanding shares of Stock into a smaller number of shares of Stock, then and in each such event, (x) the Exercise Price shall, simultaneously with the happening of such event, be adjusted by multiplying the then current Exercise Price by a fraction, (i) the numerator of which shall be the number of shares of Stock outstanding immediately prior to such event on a fully-diluted basis, assuming exercise in full of all options, warrants or other rights to purchase Stock, directly or indirectly, outstanding immediately prior to such event and conversion into or exchange for Stock, directly or indirectly, of all securities convertible into or exchangeable for Stock outstanding immediately prior to such event, each in accordance with their terms, and (ii) the denominator of which shall be the number of shares of Stock outstanding immediately after such event on a fully-diluted basis, assuming exercise in full of all options, warrants or other rights to purchase Stock, directly or indirectly, outstanding immediately after such event and conversion into or exchange for Stock, directly or indirectly, of all securities convertible into or exchangeable for Stock outstanding immediately after such event, each in accordance with their terms, and the product so obtained shall thereafter be the Exercise Price then in effect, and (y) the number of Warrant Shares shall be adjusted by increasing or decreasing, as the case may be, the number of shares of Stock included within the Warrant Shares by the percentage increase or decrease in the total number of shares of Stock outstanding immediately after such event as compared to the total number of shares of Stock outstanding immediately prior to such event and the result so obtained shall be the number of Warrant Shares then in effect.

ADJUSTMENTS FOR STOCK DIVIDENDS, SUBDIVISIONS AND COMBINATIONS. (a) In the event that, at any time and from time to time after the Issue Initial Exercise Date, the Corporation Company shall (Aa) issue any additional shares of Common Stock as a dividend or other distribution on its outstanding Stock or options, warrants or other rights to purchase, directly or indirectly, Stock as a dividend or distribution on its outstanding Stock or securities convertible, directly or indirectly, into Stock as a dividend or distribution on its outstanding Stock (other than shares of Stock issued upon conversion of Preferred Common Stock), (Bb) subdivide its outstanding shares of Common Stock into a greater number of shares of Common Stock or (Cc) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, then and then, in each such event, (x) the Exercise Price shall, simultaneously with the happening of such event, be adjusted by multiplying the then current Exercise Price by a fraction, (i) the numerator of which shall be the total number of shares of Stock outstanding immediately prior to such event on a fully-diluted basis, assuming exercise in full of all options, warrants or other rights to purchase Stock, directly or indirectly, outstanding immediately prior to such event and conversion into or exchange for Stock, directly or indirectly, of all securities convertible into or exchangeable for Common Stock outstanding immediately prior to such event, each in accordance with their terms, and (ii) the denominator of which shall be the total number of shares of Stock outstanding immediately after such event on a fully-diluted basis, assuming exercise in full of all options, warrants or other rights to purchase Stock, directly or indirectly, outstanding immediately after such event and conversion into or exchange for Stock, directly or indirectly, of all securities convertible into or exchangeable for Common Stock outstanding immediately after such event, each in accordance with their terms, and the product so obtained shall thereafter be the Exercise Price then in effect, and (y) the number of Warrant Shares shall be adjusted by increasing or decreasing, as the case may be, the number of shares of Common Stock included within the Warrant Shares by the percentage increase or decrease in the total number of shares of Common Stock outstanding immediately after such event as compared to over the total number of shares of Common Stock outstanding immediately prior to such event and the result so obtained shall be the number of Warrant Shares then in effect. The Exercise Price and the Warrant Shares, as so adjusted, shall be readjusted in the same manner upon the happening of any successive event or events described in this Section 3. Without limiting the foregoing, if at any time after the Initial Exercise Date, the DNP Warrant is amended, restated, supplemented or otherwise modified (including by issuance of additional warrants or stock purchase rights pursuant to a separate instrument or instruments, other than additional warrants or stock purchase rights under a separate instrument or instruments acquired by DNP for new and additional fair market value consideration) to (A) increase the number of shares of Common Stock (or shares of Stock or other securities of the Company) purchasable by DNP or its successors or assigns, (B) reduce the exercise price for warrant shares purchasable by DNP or its successors or assigns, (C) extend the exercise period thereof, or (D) any other change with similar effect, and corresponding and appropriate adjustments are not made to this Warrant pursuant to Section 3 or Section 4, then corresponding and proportionate adjustments shall automatically be made to the terms and conditions of this Warrant, including the number of Warrant Shares and the Exercise Price hereunder, if applicable, to reflect the DNP Warrant (including any additional warrants or stock purchase rights) as so modified.