Common use of Other Action Affecting Capital Shares Clause in Contracts

Other Action Affecting Capital Shares. In case after the date hereof the Company shall take any action affecting the number of Outstanding Capital Shares, other than an action described in any of the foregoing subsections (a) through (h) hereof, inclusive, which in the opinion of the Company's Board of Directors would have a materially adverse effect upon the rights of the Warrant Holder at the time of exercise of the Warrant, the Exercise Price shall be adjusted in such manner and at such time as the Board or Directors on the advice of the Company's independent public accountants may in good faith determine to be equitable in the circumstances.

Other Action Affecting Capital Shares. In case after the date hereof the Company shall take any action affecting the number of Outstanding Capital Shares, other than an action described in any of the foregoing subsections (a) a. through (h) e. hereof, inclusive, which in the opinion of the Company's Board of Directors would have a materially adverse effect upon the rights of the Warrant Holder at the time of exercise of the Protective Warrant, the Exercise Price shall be adjusted in such manner and at such time as the Board or of Directors on the advice of the Company's independent public accountants may in good faith determine to be equitable in the circumstances.

Other Action Affecting Capital Shares. In case after the date hereof the Company shall take any action affecting the number of Outstanding Capital Shares, other than an action described in any of the foregoing subsections (a) a. through (h) e. hereof, inclusive, which in the opinion of the Company's Board of Directors would have a materially adverse effect upon the rights of the Warrant Holder at the time of exercise of the Early Put Warrant, the Exercise Price shall be adjusted in such manner and at such time as the Board or of Directors on the advice of the Company's independent public accountants may in good faith determine to be equitable in the circumstances.

Other Action Affecting Capital Shares. In case after the date hereof the Company shall take any action affecting the number of Outstanding Capital Shares, other than an action described in any of the foregoing subsections (a) through (h) hereof, 51 59 inclusive, which that in the opinion of the Company's Board of Directors would have a materially adverse effect upon the rights of the Warrant Holder Investor at the time of exercise of the Warranta Call, the Exercise Ceiling Price shall be adjusted in such manner and at such time as the Board or Directors on the advice of the Company's independent public accountants may in good faith determine to be equitable in the circumstances.