Common use of Capital Adjustments Clause in Contracts

Capital Adjustments. If, at any time while this Warrant remains outstanding, the Company effectuates a stock split or reverse stock split of the Common Stock or issues a dividend on the Common Stock consisting of shares of Common Stock, the Exercise Price, Adjusted Exercise Price and any other amounts calculated as contemplated hereby shall be equitably adjusted to reflect such action. By way of illustration, and not in limitation, of the foregoing, (i) if the Company effectuates a 2:1 split of the Common Stock, thereafter, with respect to any exercise for which the Company issues shares after the record date of such split, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be one-half of what it had been immediately prior to such split; (ii) if the Company effectuates a 1:10 reverse split of the Common Stock, thereafter, with respect to any exercise for which the Company issues shares after the record date of such reverse split, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be ten times what it had been calculated to be immediately prior to such split; and (iii) if the Company declares a stock dividend of one share of Common Stock for every 10 shares outstanding, thereafter, with respect to any exercise for which the Company issues shares after the record date of such dividend, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be such amount multiplied by a fraction, of which the numerator is the number of shares (10 in the example) for which a dividend share will be issued and the denominator is such number of shares plus the dividend share(s) issuable or issued thereon (11 in the example).

Capital Adjustments. IfThis Warrant is subject to the following further provisions: If any recapitalization of the Company or reclassification of its Common Stock or any merger or consolidation of the Company into or with a corporation or other business entity, or the sale or transfer of all or substantially all of the Company’s assets or of any successor corporation’s assets to any other corporation or business entity (any such corporation or other business entity being included within the meaning of the term “successor corporation”) shall be effected, at any time while this Warrant remains outstandingoutstanding and unexpired, then, as a condition of such recapitalization, reclassification, merger, consolidation, sale or transfer, lawful and adequate provision shall be made whereby the Holder of this Warrant thereafter shall have the right to receive upon the exercise hereof as provided herein and in lieu of the shares of Common Stock immediately theretofore issuable upon the exercise of this Warrant, such shares of capital stock, securities or other property as may be issued or payable with respect to or in exchange for a number of outstanding shares of Common Stock equal to the number of shares of Common Stock immediately theretofore issuable upon the exercise of this Warrant had such recapitalization, reclassification, merger, consolidation, sale or transfer not taken place, and in each such case, the terms of this Warrant shall be applicable to the shares of stock or other securities or property receivable upon the exercise of this Warrant after such consummation. If the Company at any time while this Warrant remains outstanding and unexpired shall subdivide or combine its Common Stock, or issue or pay the holders of its Common Stock, or take a record of the holders of its Common Stock for the purpose of entitling them to receive, a dividend payable in, or other distribution of, Common Stock, the number of shares of Warrant Stock purchasable upon exercise of this Warrant and the Warrant Price shall be proportionately adjusted. If the Company shall at any time after the date of issuance of this Warrant distribute to all holders of its Common Stock any shares of capital stock of the Company (other than Common Stock), or evidences of its indebtedness, or assets (excluding cash dividends or distributions paid from retained earnings or current year’s or prior year’s earnings of the Company), or rights or warrants to subscribe for or purchase any of its securities (excluding those referred to in the immediately preceding paragraph) (any of the foregoing being hereinafter in this paragraph called the “Securities”), then in each such case, the Company effectuates a stock split shall reserve shares or reverse stock split other units of such securities for distribution to the Holder upon exercise of this Warrant so that, in addition to the shares of the Common Stock or issues a dividend on to which such Holder is entitled, such Holder will receive upon such exercise the Common Stock consisting amount and kind of shares of Common Stock, the Exercise Price, Adjusted Exercise Price and any other amounts calculated as contemplated hereby shall be equitably adjusted to reflect such action. By way of illustration, and not in limitation, of the foregoing, (i) Securities which such Holder would have received if the Company effectuates a 2:1 split of the Common StockHolder had, thereafter, with respect immediately prior to any exercise for which the Company issues shares after the record date of such split, for the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation distribution of the Average Price or Closing Bid Price shall be deemed to be one-half of what it had been immediately prior to such split; (ii) if the Company effectuates a 1:10 reverse split of the Common StockSecurities, thereafter, with respect to any exercise for which the Company issues shares after the record date of such reverse split, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be ten times what it had been calculated to be immediately prior to such split; and (iii) if the Company declares a stock dividend of one share of Common Stock for every 10 shares outstanding, thereafter, with respect to any exercise for which the Company issues shares after the record date of such dividend, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be such amount multiplied by a fraction, of which the numerator is the number of shares (10 in the example) for which a dividend share will be issued and the denominator is such number of shares plus the dividend share(s) issuable or issued thereon (11 in the example)exercised this Warrant.

Capital Adjustments. If, at In case of any time while this Warrant remains outstanding, the Company effectuates a stock split or reverse stock split split, stock dividend, or reclassification of the Common Stock or issues a dividend on the Common Stock consisting of shares of Common Stock, the Exercise Price, Adjusted provisions of this Section 6 shall be applied as if such capital adjustment event had occurred immediately prior to the date of this Warrant and the original Exercise Price had been fairly allocated to the stock resulting from such capital adjustment; and any in other amounts calculated as contemplated hereby respects the provisions of this Section shall be equitably adjusted applied in a fair, equitable and reasonable manner so as to reflect such actiongive effect, as nearly as may be, to the purposes hereof. A rights offering to stockholders shall be deemed a stock dividend to the extent of the bargain purchase element of the rights. By way of illustration, and not in limitation, of the foregoing, (i) if the Company effectuates a 2:1 split of the its Common Stock, thereafter, with respect to any exercise conversion for which the Company issues shares after the record date of such split, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be one-half of what it had been immediately prior to such split; (ii) if the Company effectuates a 1:10 reverse split of the its Common Stock, thereafter, with respect to any exercise for which the Company issues shares after the record date of such reverse split, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be ten times what it had been calculated to be immediately prior to such split; and (iii) if the Company declares a stock dividend of one share of Common Stock for every 10 shares outstanding, thereafter, with respect to any exercise for which the Company issues shares after the record date of such dividend, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be such amount multiplied by a fraction, of which the numerator is the number of shares (10 in the example) for which a dividend share will be issued and the denominator is such number of shares plus the dividend share(s) issuable or issued thereon (11 in the example).

Capital Adjustments. If, at any time while any portion of this Warrant remains outstanding, the Company effectuates a stock split or reverse stock split of the its Common Stock or issues a dividend on the its Common Stock consisting of shares of Common Stock, the Exercise Price, Adjusted Exercise Price and any other amounts calculated as contemplated hereby or by any of the other Transaction Agreements shall be equitably adjusted to reflect such action. By way of illustration, and not in limitation, of the foregoing, (i) if the Company effectuates a 2:1 split of the its Common Stock, thereafter, with respect to any exercise conversion for which the Company issues shares after the record date of such split, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be one-half of what it had been immediately prior to such split; (ii) if the Company effectuates a 1:10 reverse split of the its Common Stock, thereafter, with respect to any exercise conversion for which the Company issues shares after the record date of such reverse split, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be ten times what it had been calculated to be immediately prior to such split; and (iii) if the Company declares a stock dividend of one share of Common Stock for every 10 shares outstanding, thereafter, with respect to any exercise conversion for which the Company issues shares after the record date of such dividend, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be such amount multiplied by a fraction, of which the numerator is the number of shares (10 in the example) for which a dividend share will be issued and the denominator is such number of shares plus the dividend share(s) issuable or issued thereon (11 in the example). In case of any stock split or reverse stock split, stock dividend, reclassification of the Common Stock, recapitalization, merger or consolidation, or like capital adjustment affecting the Common Stock of the Company prior to the exercise of this Warrant or its applicable portion, the provisions of this Section 6 shall be applied as if such capital adjustment event had occurred immediately prior to the exercise date of this Warrant and the original Exercise Price had been fairly allocated to the stock resulting from such capital adjustment; and in other respects the provisions of this Section shall be applied in a fair, equitable and reasonable manner so as to give effect, as nearly as may be, to the purposes hereof.

Capital Adjustments. If, at In case of any time while this Warrant remains outstanding, the Company effectuates a stock split or reverse stock split split, stock dividend, or reclassification of the Common Stock or issues a dividend on the Common Stock consisting of shares of Common Stock, the Exercise Price, Adjusted provisions of this Section 6 shall be applied as if such capital adjust ment event had occurred immediately prior to the date of this Warrant and the original Exercise Price had been fairly allocated to the stock resulting from such capital adjustment; and any in other amounts calculated as contemplated hereby respects the provisions of this Section shall be equitably adjusted applied in a fair, equitable and reasonable manner so as to reflect such actiongive effect, as nearly as may be, to the purposes hereof. A rights offering to stockholders shall be deemed a stock dividend to the extent of the bargain purchase element of the rights. By way of illustration, and not in limitation, of the foregoing, (i) if the Company effectuates a 2:1 split of the its Common Stock, thereafter, with respect to any exercise conversion for which the Company issues shares after the record date of such split, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be one-half of what it had been immediately prior to such split; (ii) if the Company effectuates a 1:10 reverse split of the its Common Stock, thereafter, with respect to any exercise for which the Company issues shares after the record date of such reverse split, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be ten times what it had been calculated to be immediately prior to such split; and (iii) if the Company declares a stock dividend of one share of Common Stock St ock for every 10 shares outstanding, thereafter, with respect to any exercise for which the Company issues shares after the record date of such dividend, the Exercise Price, Adjusted Exercise Price and any market price from a date prior to such split which was used in the calculation of the Average Price or Closing Bid Price shall be deemed to be such amount multiplied by a fraction, of which the numerator is the number of shares (10 in the example) for which a dividend share will be issued and the denominator is such number of shares plus the dividend share(s) issuable or issued thereon (11 in the example).