Common use of Conversion or Redemption of Series B Preferred Stock Clause in Contracts

Conversion or Redemption of Series B Preferred Stock. Should all of the Company’s Series B Preferred Stock be, or if outstanding would be, at any time prior to the expiration of the Warrant or any portion thereof, redeemed or converted into shares of the Company’s Common Stock in accordance with Section 5 of the Charter, then this Warrant shall become immediately exercisable prior to such event for that number of shares of the Common Stock that would have been received if this Warrant had been exercised in full and the Series B Preferred Stock received thereupon had been simultaneously converted immediately prior to such event, and the Exercise Price shall immediately be adjusted to equal the quotient obtained by dividing (x) the aggregate Exercise Price of the maximum number of shares of Series B Preferred Stock for which this Warrant was exercisable immediately prior to such conversion or redemption, by (y) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion or redemption. For purposes of the forgoing, the “Charter” shall mean the Second Amended and Restated Articles of Incorporation as amended and /or restated and effective immediately prior to the redemption or conversion of all of the Company’s Series B Preferred Stock.

Conversion or Redemption of Series B Preferred Stock. Should all of ---------------------------------------------------- the Company’s 's Series B Preferred Stock be, or if outstanding would be, at any time prior to the expiration of the Warrant or any portion thereofthis Warrant, redeemed or converted into shares of the Company’s 's Common Stock in accordance with Section 5 the Company's Articles of Incorporation, as amended and/or restated and effective immediately prior to the redemption or conversion of all of the CharterCompany's Series B Preferred Stock, then this Warrant shall immediately become immediately exercisable prior to such event for that number of shares of the Company's Common Stock that equal to the number of shares of Common Stock which would have been received if this Warrant had been exercised in full and the Series B Preferred Stock Shares received thereupon had been simultaneously converted into Common Stock immediately prior to such event, and the . The Exercise Price per share of Common Stock shall be immediately be adjusted to equal the quotient obtained by dividing (x) the aggregate Exercise Price purchase price of the maximum number of shares of Series B Preferred Stock for which this Warrant was exercisable immediately prior to such conversion or redemption, redemption by (y) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion or redemption. For purposes of the forgoing, the “Charter” shall mean the Second Amended and Restated Articles of Incorporation as amended and /or restated and effective immediately prior to the redemption or conversion of all of the Company’s Series B Preferred Stock.

Conversion or Redemption of Series B Preferred Stock. Should all of the Company’s Series B Preferred Stock be, or if outstanding would be, at any time prior to the expiration of the Warrant or any portion thereof, redeemed or converted into shares of the Company’s Common Stock in accordance with Section 5 of the Charter, then this Warrant shall become immediately exercisable prior to such event for that number of shares of the Common Stock that would have been received if this Warrant had been exercised in full and the Series B Preferred Stock received thereupon had been simultaneously converted immediately prior to such event, and the Exercise Price shall immediately be adjusted to equal the quotient obtained by dividing (x) the aggregate Exercise Price of the maximum number of shares of Series B Preferred Stock for which this Warrant was exercisable immediately prior to such conversion or redemption, by (y) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion or redemption. For purposes of the forgoing, the “Charter” shall mean the Second Amended and Restated Articles of Incorporation as amended and /or and/or restated and effective immediately prior to the redemption or conversion of all of the Company’s Series B Preferred Stock.

Conversion or Redemption of Series B Preferred Stock. Should all of the Company’s 's Series B Preferred Stock be, or if outstanding would be, at any time prior to the expiration of the Warrant this warrant or any portion thereof, redeemed or converted into shares of the Company’s 's Common Stock in accordance with Section 5 4(b) of the CharterCertificate, then this Warrant shall immediately become immediately exercisable prior to such event for that number of shares of the Company's Common Stock equal to the number of shares of the Common Stock that would have been received if this Warrant had been exercised in full and the Series B Preferred Stock received thereupon had been simultaneously converted immediately prior to such event, and the Exercise Price shall be immediately be adjusted to equal the quotient obtained by dividing (x) the aggregate Exercise Price of the maximum number of shares of Series B Preferred Stock for which this Warrant was exercisable immediately prior to such conversion or redemption, by (y) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion or redemption. For purposes of the forgoingforegoing, the “Charter” "Certificate" shall mean the Second Amended and Restated Articles Certificate of Incorporation of the Company as amended and /or and/or restated and effective immediately prior to the redemption or conversion of all of the Company’s 's Series B Preferred Stock.