Common use of Common Stock Rights Clause in Contracts

Common Stock Rights. If, at any time while this Warrant is outstanding and unexpired, the Company shall pay a dividend or other distribution on all Common Stock consisting of, or shall otherwise issue to all holders of Common Stock, rights, warrants or options (not being available on an equivalent basis to the Holders of this Warrant upon exercise) entitling the holders of Common Stock to subscribe for or purchase Common Stock at a price per share less than the current market price (determined as provided in Section 2.2) of a share of Common Stock on the date fixed for the determination of stockholders entitled to receive such rights, warrants or options (other than pursuant to a dividend reinvestment plan), the Exercise Price shall be decreased by multiplying the then current Exercise Price by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding at the close of business on the date fixed for such determination plus the number of shares of Common Stock which the aggregate of the offering price of the total number of shares of Common Stock so offered for subscription or purchase would purchase at such current market price, and the denominator of which shall be the number of shares of Common Stock outstanding at the close of business on the date fixed for such determination plus the number of shares of Common Stock so offered for subscription or purchase, such decrease to become effective immediately after the opening of business on the day following the date fixed for such determination. In the event that such rights or warrants are not so issued, the Exercise Price shall again be adjusted to be the Exercise Price which would then be in effect if such date fixed for the determination of stockholders entitled to receive such rights, warrants or options had not been fixed. Upon adjustment of the Exercise Price pursuant to this Section 4.4, the number of shares subject to issuance upon exercise of this Warrant shall be adjusted by multiplying such number of shares prior to such adjustment by a fraction, the numerator of which is the Exercise Price in effect immediately prior to such adjustment and the denominator of which is the Exercise Price in effect immediately after giving effect to such adjustment. In making any determinations under this Section 4.4, there shall be taken into account any consideration received for such rights, warrants or options, the value of which consideration, if other than cash, shall be fixed in good faith by the Board of Directors of the Company, whose determination shall be final.

Common Stock Rights. If, In case at any time while this Warrant is outstanding and unexpiredafter the date hereof, the Company shall pay or make a dividend or other distribution on all of its Common Stock consisting of, or shall otherwise issue to all holders of its Common Stock, rights, warrants or options (not being available on an equivalent basis to the Holders Holder of this Warrant upon exercise) entitling the holders of its Common Stock to subscribe for or purchase Common Stock at a price per share less than the current market price per share (determined as provided in Section 2.23.09) of a share the shares of Common Stock on the date fixed for the determination of stockholders entitled to receive such rights, warrants or options (other than pursuant to a dividend reinvestment plan), the Exercise Price Warrant Share Amount in effect at the opening of business on the day following the date fixed for such determination shall be decreased increased by multiplying the then current Exercise Price such Warrant Share Amount by a fraction, the numerator fraction of which the denominator shall be the number of shares of Common Stock outstanding at the close of business on the date fixed for such determination plus the number of shares of Common Stock which the aggregate of the offering price of the total number of shares of Common Stock so offered for subscription or purchase would purchase at such current market price, price and the denominator of which numerator shall be the number of shares of Common Stock outstanding at the close of business on the date fixed for such determination plus the number of shares of Common Stock so offered for subscription or purchase, such decrease increase to become effective immediately after the opening of business on the day following the date fixed for such determination. For the purposes of this Section 3.03, the number of shares of Common Stock at any time outstanding shall not include shares held in the treasury of Company but will include shares issuable in respect of scrip certificates, if any, issued in lieu of fractions of shares of Common Stock. Company will not issue any rights or warrants in respect of Common Stock held in the treasury of Company (or, if rights or warrants are issued in respect of all of the Common Stock of Company, will not exercise any such rights or warrants in respect of Common Stock held in the treasury of Company). In the event that such rights or warrants are not so issued, the Exercise Price Warrant Share Amount shall again be adjusted to be the Exercise Price Warrant Share Amount which would then be in effect if such date fixed for the determination of stockholders entitled to receive such rights, rights or warrants or options had not been fixed. Upon adjustment In determining whether any rights or warrants entitle the holders to subscribe for or purchase shares of Common Stock at less than such current market price, and in determining the Exercise Price pursuant to this Section 4.4, the number aggregate offering price of shares subject to issuance upon exercise of this Warrant shall be adjusted by multiplying such number of shares prior to such adjustment by a fraction, the numerator of which is the Exercise Price in effect immediately prior to such adjustment and the denominator of which is the Exercise Price in effect immediately after giving effect to such adjustment. In making any determinations under this Section 4.4, there shall be taken into account any consideration received for such rights, warrants or options, the value of which consideration, if other than cash, shall be fixed in good faith by the Board of Directors of the Company, whose determination shall be final.such

Common Stock Rights. If, In case at any time while this Warrant is outstanding and unexpiredafter the date hereof, the Company shall pay or make a dividend or other distribution on all of its Common Stock consisting of, or shall otherwise issue to all holders of its Common Stock, rights, warrants or options (not being available on an equivalent basis to the Holders Holder of this Warrant upon exercise) entitling the holders of its Common Stock to subscribe for or purchase Common Stock at a price per share less than the current market price per share (determined as provided in Section 2.23.9) of a share the shares of Common Stock on the date fixed for the determination of stockholders entitled to receive such rights, warrants or options (other than pursuant to a dividend reinvestment plan), the Exercise Price in effect at the opening of business on the day following the date fixed for such detennination shall be decreased by multiplying the then current such Exercise Price by a fraction, fraction of which the numerator of which shall be the number of shares of Common Stock outstanding at the close of business on the date fixed for such determination plus the number of shares of Common Stock which the aggregate of the offering price of the total number of shares of Common Stock so offered for subscription or purchase would purchase at such current market price, price and the denominator of which shall be the number of shares of Common Stock outstanding at the close of business on the date fixed for such determination plus the number of shares of Common Stock so offered for subscription or purchase, such decrease to become effective immediately after the opening of business on the day following the date fixed for such determination. For the purposes of this paragraph (ii), the number of shares of Common Stock at any time outstanding shall not include shares held in the treasury of Company but will include shares issuable in respect of scrip certificates, if any, issued in lieu of fractions of shares of Common Stock. Company will not issue any rights or warrants in respect of Common Stock held in the treasury of Company (or, if rights or warrants are issued in respect of all of the Common Stock of Company, will not exercise any such rights or warrants in respect of Common Stock held in the treasury of Company). In the event that such rights or warrants are not so issued, the Exercise Price shall again be adjusted to be the Exercise Price which would then be in effect if such date fixed for the determination of stockholders entitled to receive such rights, rights or warrants or options had not been fixed. Upon adjustment In determining whether any rights or warrants entitle the holders to subscribe for or purchase shares of Common Stock at less than such current market price, and in determining the Exercise Price pursuant to this Section 4.4, the number aggregate offering price of such shares subject to issuance upon exercise of this Warrant shall be adjusted by multiplying such number of shares prior to such adjustment by a fraction, the numerator of which is the Exercise Price in effect immediately prior to such adjustment and the denominator of which is the Exercise Price in effect immediately after giving effect to such adjustment. In making any determinations under this Section 4.4Common Stock, there shall be taken into account any consideration received for such rights, warrants rights or options, the warrants. The value of which such consideration, if other than cash, shall be fixed determined in the reasonable good faith by judgment of the Board of Directors of the Company, whose determination shall be finalconclusive.