Common use of Equitable Adjustments Clause in Contracts

Equitable Adjustments. The Purchase Price payable, and the number of Units of Series E Preferred Stock or other securities or property issuable, upon exercise of the Rights are subject to adjustment from time to time to prevent dilution (i) in the event of a stock dividend on, or a subdivision, combination or reclassification of, the Series E Preferred Stock, (ii) if holders of the Series E Preferred Stock are granted certain rights or warrants to subscribe for Series E Preferred Stock or convertible securities at less than the current market price of the Series E Preferred Stock, or (iii) upon the distribution to holders of the Series E Preferred Stock of evidences of indebtedness or assets (excluding regular quarterly cash dividends) or of subscription rights or warrants (other than those referred to above). With certain exceptions, no adjustment in the Purchase Price will be required until cumulative adjustments amount to at least one percent (1%) of the Purchase Price. No fractional Units will be issued and, in lieu thereof, an adjustment in cash will be made based on the market price of the Series E Preferred Stock on the last trading day prior to the date of exercise.

Equitable Adjustments. The Purchase Price payable, and the number of Units of Series E B Preferred Stock or other securities or property issuable, upon exercise of the Rights are subject to adjustment from time to time to prevent dilution (i) in the event of a stock dividend on, or a subdivision, combination or reclassification of, the Series E B Preferred Stock, (ii) if holders of the Series E B Preferred Stock are granted certain rights or warrants to subscribe for Series E B Preferred Stock or convertible securities at less than the current market price of the Series E B Preferred Stock, or (iii) upon the distribution to holders of the Series E B Preferred Stock of evidences of indebtedness or assets (excluding regular quarterly cash dividends) or of subscription rights or warrants (other than those referred to above). With certain exceptions, no adjustment in the Purchase Price will be required until cumulative adjustments amount to at least one percent (1%) of the Purchase Price. No fractional Units will be issued and, in lieu thereof, an adjustment in cash will be made based on the market price of the Series E B Preferred Stock on the last trading day prior to the date of exercise.

Equitable Adjustments. The Purchase Price payable, and the number of Units of Series E D Preferred Stock or other securities or property issuable, upon exercise of the Rights are subject to adjustment from time to time to prevent dilution (i) in the event of a stock dividend on, or a subdivision, combination or reclassification of, the Series E D Preferred Stock, (ii) if holders of the Series E D Preferred Stock are granted certain rights or warrants to subscribe for Series E D Preferred Stock or convertible securities at less than the current market price of the Series E D Preferred Stock, or (iii) upon the distribution to holders of the Series E D Preferred Stock of evidences of indebtedness or assets (excluding regular quarterly cash dividends) or of subscription rights or warrants (other than those referred to above). With certain exceptions, no adjustment in the Purchase Price will be required until cumulative adjustments amount to at least one percent (1%) of the Purchase Price. No fractional Units will be issued and, in lieu thereof, an adjustment in cash will be made based on the market price of the Series E D Preferred Stock on the last trading day prior to the date of exercise.

Equitable Adjustments. The Purchase Price payable, and the number of Units of Series E A Preferred Stock or other securities or property issuable, upon exercise of the Rights are subject to adjustment from time to time to prevent dilution (i) in the event of a stock dividend on, or a subdivision, combination or reclassification of, the Series E A Preferred Stock, (ii) if holders of the Series E A Preferred Stock are granted certain rights or warrants to subscribe for Series E A Preferred Stock or convertible securities at less than the current market price of the Series E A Preferred Stock, or (iii) upon the distribution to holders of the Series E A Preferred Stock of evidences of indebtedness or assets (excluding regular quarterly cash dividends) or of subscription rights or warrants (other than those referred to above). With certain exceptions, no adjustment in the Purchase Price will be required until cumulative adjustments amount to at least one percent (1%) of the Purchase Price. No fractional Units will be issued and, in lieu thereof, an adjustment in cash will be made based on the market price of the Series E A Preferred Stock on the last trading day prior to the date of exercise.

Equitable Adjustments. The Purchase Price payable, and the number of Units of Series E J Preferred Stock or other securities or property issuable, upon exercise of the Rights are subject to adjustment from time to time to prevent dilution (i) in the event of a stock dividend on, or a subdivision, combination or reclassification of, the Series E J Preferred Stock, (ii) if holders of the Series E J Preferred Stock are granted certain rights or warrants to subscribe for Series E J Preferred Stock or convertible securities at less than the current market price of the Series E J Preferred Stock, or (iii) upon the distribution to holders of the Series E J Preferred Stock of evidences of indebtedness or assets (excluding regular quarterly cash dividends) or of subscription rights or warrants (other than those referred to above). With certain exceptions, no adjustment in the Purchase Price will be required until cumulative adjustments amount to at least one percent (1%) of the Purchase Price. No fractional Units will be issued and, in lieu thereof, an adjustment in cash will be made based on the market price of the Series E J Preferred Stock on the last trading day prior to the date of exercise.