Common use of Corporation may provide for alternate means of adjustment Clause in Contracts

Corporation may provide for alternate means of adjustment. In the event the Corporation shall at any time after the Record Time issue any shares of capital stock (other than Common Shares), or rights or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in Section 2.3(a)(i) or Section 2.3(a)(iv) or Section 2.3(b) or Section 2.3(c) above, if the Board of Directors acting in good faith determines that the adjustments contemplated by Section 2.3(a), Section 2.3(b) and Section 2.3(c) above in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Corporation shall be entitled to determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding Section 2.3(a), Section 2.3(b) and Section 2.3(c) above, such adjustments, rather than the adjustments contemplated by Section 2.3(a), Section 2.3(b) and Section 2.3(c) above, shall be made. The Corporation and the Rights Agent shall amend this Agreement as appropriate to provide for such adjustments.

Corporation may provide for alternate means of adjustment. In the event the Corporation shall at any time after the Record Time issue any shares of capital stock (other than Common Shares), or rights or warrants to subscribe for or purchase any such – 18 – capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in Section Sections 2.3(a)(i) or Section 2.3(a)(iv(iv) or Section 2.3(b) or Section 2.3(c(c) above, if the Board of Directors acting in good faith determines that the adjustments contemplated by Section Sections 2.3(a), Section 2.3(b(b) and Section 2.3(c(c) above in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Corporation shall be entitled to determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding Section Sections 2.3(a), Section 2.3(b(b) and Section 2.3(c(c) above, such adjustments, rather than the adjustments contemplated by Section Sections 2.3(a), Section 2.3(b(b) and Section 2.3(c(c) above, shall be made. The Corporation and the Rights Agent shall amend this Agreement as appropriate to provide for such adjustments.

Corporation may provide for alternate means of adjustment. In the event the Corporation shall at any time after the Record Time issue any shares of capital stock (other than Common Shares), or rights or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in Section Sections 2.3(a)(i) or Section 2.3(a)(iv(iv) or Section 2.3(b) or Section 2.3(c(c) above, if the Board of Directors acting in good faith determines that the adjustments contemplated by Section Sections 2.3(a), Section 2.3(b(b) and Section 2.3(c(c) above in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Corporation shall be entitled to determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding Section Sections 2.3(a), Section 2.3(b(b) and Section 2.3(c(c) above, such adjustments, rather than the adjustments contemplated by Section Sections 2.3(a), Section 2.3(b(b) and Section 2.3(c(c) above, shall be made. The Corporation and the Rights Agent shall amend this Agreement as appropriate to provide for such adjustments.

Corporation may provide for alternate means of adjustment. In the event the Corporation shall at any time after the Record Time issue any shares of capital stock (other than Common Shares), or rights or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in Section 2.3(a)(i2.3(1)(a) or Section 2.3(a)(iv2.3(1)(d) or Section 2.3(b2.3(2) or Section 2.3(c2.3(3) above, if the Board of Directors acting in good faith determines that the adjustments contemplated by Section 2.3(a2.3(1), Section 2.3(b2.3(2) and Section 2.3(c2.3(3) above in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Corporation shall be entitled to determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding Section 2.3(a2.3(1), Section 2.3(b2.3(2) and Section 2.3(c2.3(3) above, such adjustments, rather than the adjustments contemplated by Section 2.3(a2.3(1), Section 2.3(b2.3(2) and Section 2.3(c2.3(3) above, shall be made. The Corporation and the Rights Agent shall amend this Agreement as appropriate to provide for such adjustments.