Common use of Limitation on Repricing Clause in Contracts

Limitation on Repricing. Notwithstanding Section 10(e) above, unless such action is approved by the Company’s stockholders, the Company may not (except as provided for under Section 9): (1) amend this Option to provide an exercise price per share that is lower than the then-current exercise price per share of the Option, (2) cancel this Option and grant in substitution therefor a new option covering the same or a different number of shares of Common Stock and having an exercise price per share lower than the then-current exercise price per share of this Option, (3) cancel this Option in exchange for a cash payment if its exercise price per share is above the then-current fair market value of the Common Stock (valued in the manner determined by (or in a manner approved by) the Board), other than pursuant to Section 9, or (4) take any other action with respect to this Option that constitutes a “repricing” within the meaning of the rules of the Nasdaq Stock Market.

Limitation on Repricing. Notwithstanding Section 10(e) above, unless such action is approved by the Company’s stockholders, the Company may not (except as provided for under Section 9): (1) amend this Option to provide an exercise price per share that is lower than the then-current exercise price per share of the Option, (2) cancel this Option and grant in substitution therefor a new option covering the same or a different number of shares of Common Stock and having an exercise price per share lower than the then-current exercise price per share of this Option, (3) cancel this Option in exchange for a cash payment this Option if its exercise price per share is above below the then-current fair market value of the Common Stock (valued in the manner determined by (or in a manner approved by) the Board)Fair Market Value, other than pursuant to Section 9, or (4) take any other action with respect to this Option that constitutes a “repricing” within the meaning of the rules of the Nasdaq NASDAQ Stock Market.

Limitation on Repricing. Notwithstanding Section 10(e) above, unless Unless such action is approved by the Company’s stockholders, the Company may not (except as provided for under Section 96): (1) amend this Option option to provide an exercise price per share that is lower than the then-current exercise price per share of the Optionoption, (2) cancel this Option option and grant in substitution therefor a new option covering the same or a different number of shares of Common Stock and having an exercise price per share lower than the then-current exercise price per share of this Optionoption, (3) cancel this Option in exchange for a cash payment this option if its exercise price per share is above the then-current fair market value of the Common Stock (valued in the manner determined by (or in a the manner approved by) the Board), other than pursuant to Section 9, or (4) take any other action with respect to this Option that constitutes a “repricing” within the meaning of the rules of the Nasdaq Stock MarketMarket or any other exchange or marketplace on which the Company stock is listed or traded.

Limitation on Repricing. Notwithstanding Section 10(e) above, unless such action is approved by the Company’s stockholders, the Company may not (except as provided for under Section 9): (1) amend this Option to provide an exercise price per share that is lower than the then-current exercise price per share of the Option, (2) cancel this Option and grant in substitution therefor a new option covering the same or a different number of shares of Common Stock and having an exercise price per share lower than the then-current exercise price per share of this Option, (3) cancel this Option in exchange for a cash payment this Option if its exercise price per share is above below the then-current fair market value of the Common Stock (valued in the manner determined by (or in a manner approved by) the Board)Fair Market Value, other than pursuant to Section 9, or (4) take any other action with respect to this Option that constitutes a “repricing” within the meaning of the rules of the Nasdaq Stock NASDAQ Global Select Market.