Common use of Proceedings Prior to Any Action Requiring Adjustment Clause in Contracts

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 4, the Company shall take any action which may be necessary, including obtaining regulatory, New York Stock Exchange, NASDAQ Stock Market or other applicable national securities exchange (an “Exchange”) or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock that the holders are entitled to receive upon exercise of this any Warrants pursuant to this Section 4.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section Article 4, the Company shall take any action which may be necessary, including obtaining regulatory, New York Stock Exchange, NASDAQ Stock Market or other applicable national securities stock exchange (an “Exchange”if applicable) or stockholder approvals or exemptionsexemptions under the Securities Act, in order that the Company may thereafter validly and legally issue issue, as fully paid and nonassessable nonassessable, all shares of Common Stock Shares that the holders are each Warrantholder is entitled to receive upon exercise of this any Warrants pursuant to this Section 4a Warrant.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 4, the Company shall take any action such actions as are necessary, which may be necessary, including include obtaining regulatory, New York Stock Exchange, NASDAQ Stock Market or other applicable national securities stock exchange (an “Exchange”) or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock that the holders are Holder is entitled to receive upon exercise of this any Warrants Warrant pursuant to this Section 4.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 45.4, the Company Corporation shall take any action which may be necessary, including obtaining regulatory, New York Stock Exchange, NASDAQ Stock Market or other applicable national securities exchange (an “Exchange”) NYSE or stockholder approvals or exemptions, in order that the Company Corporation may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock that the holders are entitled to receive issuable upon exercise conversion of this any Warrants pursuant to this Section 4all outstanding shares of Series A Convertible Preferred Stock.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 4, the Company shall take any action which may be necessary, including obtaining regulatory, New York Stock Exchange, NASDAQ Nasdaq Stock Market or other applicable national securities exchange (an “Exchange”) or stockholder approvals or exemptions, as applicable, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock that the holders are Holder is entitled to receive upon exercise of this any Warrants Warrant pursuant to this Section 4.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which that would require an adjustment pursuant to this Section 43, the Company shall take any action which and all actions that may be necessary, including including, without limitation, obtaining regulatory, New York Stock Exchange, the NASDAQ Stock Market or other applicable national securities exchange (an “Exchange”) or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable non-assessable all shares of Common Stock Warrant Shares and, as applicable, all Alternate Consideration that the holders are Holder is entitled to receive upon exercise of this any Warrants pursuant to this Section 4Warrant.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 4, the Company shall take any action which may be necessary, including obtaining regulatory, New York Stock Exchange, NASDAQ Stock Market or other applicable national securities exchange (an “Exchange”) or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock that the holders are registered holder is entitled to receive upon exercise of this any Warrants the Warrant pursuant to this Section 4.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 4, the Company shall use reasonable best efforts to take any action which may be necessary, including obtaining regulatory, NYSE American, New York Stock Exchange, NASDAQ Stock Market or other applicable national securities exchange (an “Exchange”) or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock that the holders are entitled to receive upon exercise of this any Warrants pursuant to this Section 4.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 44.4, the Company shall take any and all action which may be necessary, including obtaining regulatory, New York Stock Exchangeregulatory or other governmental, NASDAQ Stock Market or other applicable national securities exchange (an “Exchange”) exchange, corporate or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of the Common Stock Stock, or all other securities or other property, that the holders are Warrantholder is entitled to receive upon exercise of this any Warrants the Subsequent Warrant pursuant to this Section 44.4.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 44.01, the Company shall take any action which may be necessary, including obtaining regulatory, The New York Stock Exchange, NASDAQ The Nasdaq Stock Market or other applicable national securities exchange (an “Exchange”) or stockholder shareholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock Shares that the holders are a Holder is entitled to receive upon exercise of this any Warrants a Warrant pursuant to this Agreement, after giving effect to the adjustment that would be made under this Section 44.01.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 4, the Company shall use commercially reasonable efforts to take any action which may be necessary, including obtaining regulatory, New York Stock Exchange, NASDAQ Stock Market or other applicable national securities exchange (an “Exchange”) or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock that the holders are entitled to receive upon exercise of this any Warrants pursuant to this Section 4.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 44.01, the Company shall take any action which may be necessary, including obtaining regulatory, New York Stock Exchange, The NASDAQ Stock Market or other applicable national securities exchange (an “Exchange”) or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock Shares that the holders are a Holder is entitled to receive upon exercise of this any Warrants a Warrant pursuant to this Agreement, after giving effect to the adjustment that would be made under this Section 44.01.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 4, the Company Corporation shall take any action which may be necessary, including obtaining regulatory, New York Stock Exchange, NASDAQ Stock Market or other applicable national securities exchange (an “Exchange”) Exchange or stockholder approvals or exemptions, in order that the Company Corporation may thereafter validly and legally issue as fully paid and nonassessable all shares of Class A Common Stock that the holders are Warrantholder is entitled to receive upon exercise of this any Warrants each Warrant pursuant to this Section 4.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 46, the Company shall take any action which may be necessary, including obtaining regulatory, New York Stock Exchange, NASDAQ Stock Market or other applicable national securities exchange (an “Exchange”) or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock that the holders are Holder is entitled to receive upon exercise of this any Warrants Warrant pursuant to this Section 46.