Common use of Issues Below Current Market Price Clause in Contracts

Issues Below Current Market Price. (A) In case the Company shall issue or sell or, or is deemed to have issued or sold pursuant to subparagraph 5(c)(ii) above, Additional Shares of Common Stock for consideration per share less than the average of the daily last sales price of the Common Stock on the Trading Market as reported by Bloomberg Financial Markets, or a comparable reporting service (the “Closing Price”) for the 10 consecutive Business Days ending on the Business Day immediately preceding the date of such issuance (the “Current Market Price”), then in each such case the Exercise Price in effect on such record date shall be adjusted in accordance with the formula: E1 = E x O + N x P M O + N where E1 = the adjusted Exercise Price. E = the current Exercise Price. O = the number of shares of Common Stock outstanding on the Business Day immediately preceding the date of such issuance (for which purpose the shares of Common Stock outstanding shall be the sum of (1) the number of shares of Common Stock then outstanding, and (2) the number of shares of Common Stock into which any other outstanding securities of the Company are then issuable upon conversion, exercise or exchange of such securities other than the “Warrants” (as defined in the Securities Purchase Agreement)). N = the number of Additional Shares of Common Stock issued, or deemed to have been issued. P = the consideration per share of the Additional Shares of Common Stock issued or deemed to have been issued. M = the Current Market Price per share of Common Stock on the date of such issuance.

Issues Below Current Market Price. (A) In case the Company shall issue or sell or, or is deemed to have issued or sold pursuant to subparagraph 5(c)(ii) above, Additional Shares of Common Stock for consideration per share less than the average of the daily last sales price of the Common Stock on the Trading Market as reported by Bloomberg Financial Markets, or a comparable reporting service (the “Closing Price”) for the 10 consecutive Business Days ending on the Business Day immediately preceding the date of such issuance (the “Current Market Price”), then in each such case the Exercise Price in effect on such record date shall be adjusted in accordance with the formula: E1 = E x O + N x P M O + N where E1 = the adjusted Exercise Price. E = the current Exercise Price. O = the number of shares of Common Stock outstanding on the Business Day immediately preceding the date of such issuance (for which purpose the shares of Common Stock outstanding shall be the sum of (1) the number of shares of Common Stock then outstanding, and (2) the number of shares of Common Stock into which any other outstanding securities of the Company are then issuable upon conversion, exercise or exchange of such securities other than the “Warrants” (as defined in the Securities Purchase Agreement)). N = the number of Additional Shares of Common Stock issued, or deemed to have been issued. P = the consideration per share of the Additional Shares of Common Stock issued or deemed to have been issued. M = the Current Market Price per share of Common Stock on the date of such issuance.

Issues Below Current Market Price. (A) In case the Company Corporation shall issue or sell or, or is deemed to have issued or sold pursuant to subparagraph 5(c)(ii8(c)(ii) above, Additional Shares of Common Stock for consideration per share less than the average of the daily last sales price of the Common Stock on the Trading Principal Market as reported by Bloomberg Financial Markets, or a comparable reporting service (the “Closing Price”) for the 10 consecutive Business Days ending on the Business Day immediately preceding the date of such issuance (the “Current Market Price”), then in each such case the Exercise Price Conversion Rate in effect on such record date shall be adjusted in accordance with the formula: E1 = E x O + N x P M O + N where E1 C1 = the adjusted Exercise PriceConversion Rate. E C = the current Exercise PriceConversion Rate. O = the number of shares of Common Stock outstanding on the Business Day immediately preceding the date of such issuance (for which purpose the shares of Common Stock outstanding shall be the sum of (1) the number of shares of Common Stock then outstanding, and (2) the number of shares of Common Stock into which any other outstanding securities of the Company Corporation are then issuable upon conversion, exercise or exchange of such securities other than the “Warrants” Warrants (as defined in the Securities Purchase Agreement)). N = the number of Additional Shares of Common Stock issued, or deemed to have been issued. P = the consideration per share of the Additional Shares of Common Stock issued or deemed to have been issued. M = the Current Market Price per share of Common Stock on the date of such issuance.