Common use of Officers’ Statement as to Adjustments Clause in Contracts

Officers’ Statement as to Adjustments. Whenever the Exercise Price and/or number of shares of Series D Preferred Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exercise of this Warrant a statement, signed by the Chief Executive Officer or Chief Financial Officer of the Company, showing in reasonable detail the facts requiring such adjustment, the Exercise Price and number of Warrant Shares (or other securities) that will be effective after such adjustment; provided, however, such statement shall not be required to the extent detailed information demonstrating such adjustment is available through the Company’s reports filed with the Securities and Exchange Commission. The Company shall also cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its address appearing herein or otherwise on the stock register. If such notice relates to an adjustment resulting from an event referred to in Section 4.4, such notice shall be included as part of the notice required to be mailed and published under the provisions of Section 4.4.

Officers’ Statement as to Adjustments. Whenever the Exercise Price and/or number of shares of Series D Preferred III Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exercise of this Warrant a statement, signed by the Chief Executive Officer or Chief Financial Officer of the Company, showing in reasonable detail the facts requiring such adjustment, the Exercise Price and number of Warrant Shares Stock (or other securities) that will be effective after such adjustment; provided, however, such statement shall not be required to the extent detailed information demonstrating such adjustment is available through the Company’s reports filed with the Securities and Exchange Commission. The Company shall also cause a notice setting forth any such adjustments to be sent by mail, first first-class, postage prepaid, to the record Holder of this Warrant at its address appearing herein or otherwise on the stock register. If such notice relates to an adjustment resulting from an event referred to in Section 4.44.3, such notice shall be included as part of the notice required to be mailed and published under the provisions of Section 4.4.

Officers’ Statement as to Adjustments. Whenever the Exercise Price and/or number of shares of Series D Preferred Common Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exercise of this Warrant a statement, signed by the Chief Executive Officer or Chief Financial Officer of the Company, showing in reasonable detail the facts requiring such adjustment, the Exercise Price and number of Warrant Shares Stock (or other securities) that will be effective after such adjustment; provided, however, such statement shall not be required to the extent detailed information demonstrating such adjustment is available through the Company’s reports filed with the Securities and Exchange Commission. The Company shall also cause a notice setting forth any such adjustments to be sent by mail, first first-class, postage prepaid, to the record Holder of this Warrant at its address appearing herein or otherwise on the stock register. If such notice relates to an adjustment resulting from an event referred to in Section 4.44.3, such notice shall be included as part of the notice required to be mailed and published under the provisions of Section 4.4.

Officers’ Statement as to Adjustments. Whenever the Exercise Price and/or number of shares of Series D C Preferred Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exercise of this Warrant a statement, signed by the Chief Executive Officer or Chief Financial Officer of the Company, showing in reasonable detail the facts requiring such adjustment, the Exercise Price and number of Warrant Shares (or other securities) that will be effective after such adjustment; provided, however, such statement shall not be required to the extent detailed information demonstrating such adjustment is available through the Company’s reports filed with the Securities and Exchange Commission. The Company shall also cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its address appearing herein or otherwise on the stock register. If such notice relates to an adjustment resulting from an event referred to in Section 4.4, such notice shall be included as part of the notice required to be mailed and published under the provisions of Section 4.4.