Common use of Readjustment Clause in Contracts

Readjustment. In any case in which Additional Shares of Common Stock are deemed or have been deemed issued in connection with the issuance of Options or Convertible Securities, certain subsequent events shall require further adjustment of the Warrant Price as set forth in this Section 9.4. (a) No further adjustment in the Warrant Price shall be made as a result of the subsequent issuance of any share of Common Stock upon the exercise of any such Options or the conversion of any such Convertible Securities. (b) If such Options or Convertible Securities by their terms provide, with the passage of time or otherwise, for any decrease in the consideration payable to the Company, or increase in the number of shares of Common Stock issuable upon the exercise, conversion, or exchange thereof, the Warrant Price computed upon the original issuance thereof, and any subsequent adjustments based thereon, shall, upon any such decrease or increase becoming effective, be recomputed to reflect such decrease or increase insofar as it affects such Options or the rights of conversion or exchange under such Convertible Securities. Notwithstanding any provision to the contrary in any instrument governing such Options or Convertible Securities, however, there shall be no such decrease or increase as a result of any recomputation of the Warrant Price pursuant to this subsection 9.4(b). (c) Upon the expiration of any Options or rights of conversion or exchange under any Convertible Securities, if any thereof shall not have been exercised, the Warrant Price shall, upon such expiration, be readjusted and shall thereafter be such as it would have been had it been originally adjusted (or had the original adjustment not been required, as the case may be) as if (A) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise of such Options or conversions or exchange rights under such Convertible Securities and (B) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregated consideration, if any, actually received by the Company for the issuance, sale or grant of all of such Options or conversion or exchange rights under such Convertible Securities whether or not exercised, provided, further that no such readjustment shall have the effect of increasing the Warrant Price by an amount in excess of the amount of the adjustment initially made, in respect to the issuance, sale or grant of such Options, or conversion or exchange rights under such Convertible Securities.

Readjustment. In the event (i) the purchase price payable f or any case in which Additional Shares of Common Stock are deemed or have been deemed issued in connection with the issuance of Options or Convertible Securities, certain subsequent events shall require further adjustment of the Warrant Price as set forth in this Section 9.4. (a) No further adjustment in the Warrant Price shall be made as a result of the subsequent issuance of any share of Common Stock upon the exercise of any such Options or the conversion of any such Convertible Securities. (b) If such Options Purchase Rights or Convertible Securities by their terms providereferred to in Subsection (c) or (d) above, with (ii) the passage additional consideration, if any, payable upon exercise of time such Stock Purchase Rights or otherwiseupon the conversion or exchange of such Convertible Securities or (iii) the rate at which any Convertible Securities above are convertible into or exchangeable for additional shares of Common Shares shall change, for any decrease in the consideration payable to the Company, or increase in the number of shares of Non-Voting Common Stock issuable upon under this Warrant at the exercise, conversion, or exchange thereof, the Warrant Price computed upon the original issuance thereof, and any subsequent adjustments based thereon, shall, upon any time of such decrease or increase becoming effective, be recomputed to reflect such decrease or increase insofar as it affects such Options or the rights of conversion or exchange under such Convertible Securities. Notwithstanding any provision to the contrary in any instrument governing such Options or Convertible Securities, however, there event shall be no such decrease or increase as a result of any recomputation of the Warrant Price pursuant to this subsection 9.4(b). (c) Upon the expiration of any Options or rights of conversion or exchange under any Convertible Securities, if any thereof shall not have been exercised, the Warrant Price shall, upon such expiration, forthwith be readjusted and shall thereafter be such as it to that number of Shares which would have been issuable at such time had it been originally adjusted (such Stock Purchase Rights or had the original adjustment not been requiredConvertible Securities provided for such changed purchase price, additional consideration or conversion rate, as the case may be) as if (A) , at the only shares of Common Stock so issued were the shares of Common Stocktime initially granted, if any, actually issued or sold upon sold. On the exercise expiration of any such Options Stock Purchase Rights not exercised or conversions of any such right to convert or exchange rights under any such Convertible Securities and (B) such not exercised, the number of shares of Non-Voting Common Stock, if any, were issued Stock issuable under this Warrant shall forthwith be reduced to that number of shares which would have been issuable at the time of such expiration or sold for termination had such Stock Purchase Rights or Convertible Securities never been issued. No readjustment of the consideration actually received number of shares of Non-Voting Common Stock issuable under this Warrant pursuant to this Subsection (f) shall have the effect of reducing the number of shares of Non-Voting Common Stock issuable under this Warrant by a number in excess of the Company upon such exercise plus adjustments made to the aggregated consideration, if any, actually received by number of shares of Non-Voting Common Stock issuable under this Warrant in respect of the Company for the issuanceissue, sale or grant of all of such Options the applicable Stock Purchase Rights or conversion or exchange rights under such Convertible Securities whether or not exercised, provided, further that no such readjustment shall have the effect of increasing the Warrant Price by an amount in excess of the amount of the adjustment initially made, in respect to the issuance, sale or grant of such Options, or conversion or exchange rights under such Convertible Securities.

Readjustment. In any case in which Additional Shares of Common Stock are deemed or have been deemed issued in connection with the issuance of Options or Convertible Securities, certain subsequent events shall require further adjustment of the Warrant Price as set forth in this Section 9.4. (a) No further adjustment in the Warrant Price shall be made as a result of the subsequent issuance of any Option or Convertible Security or share of Common Stock issued upon the exercise of any such Options or the conversion of any such Convertible Securities. (b) If such Options or Convertible Securities by their terms provide, with the passage of time or otherwise, for any decrease in the consideration payable to the Company, or increase in the number of shares of Common Stock issuable upon the exercise, conversion, or exchange thereof, the Warrant Price computed upon the original issuance thereof, and any subsequent adjustments based thereon, shall, upon any such decrease or increase becoming effective, be recomputed to reflect such decrease or increase insofar as it affects such Options or the rights of conversion or exchange under such Convertible Securities. Notwithstanding any provision to the contrary in any instrument governing such Options or Convertible Securities, however, there shall be no such decrease or increase as a result of any recomputation of the Warrant Price pursuant to this subsection 9.4(b). (c) Upon the expiration of any Options or rights of conversion or exchange under any Convertible Securities, if any thereof shall not have been exercised, the Warrant Price shall, upon such expiration, be readjusted and shall thereafter be such as it would have been had it been originally adjusted (or had the original adjustment not been required, as the case may be) as if (A) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise of such Options or conversions or exchange rights under such Convertible Securities and (B) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregated consideration, if any, actually received by the Company for the issuance, sale or grant of all of such Options or conversion or exchange rights under such Convertible Securities whether or not exercised, provided, further that no such readjustment shall have the effect of increasing the Warrant Price by an amount in excess of the amount of the adjustment initially made, in respect to the issuance, sale or grant of such Options, or conversion or exchange rights under such Convertible Securities.

Readjustment. In the event (i) the purchase price payable for any case Stock Purchase Rights or Convertible Securities referred to in Subsection (c) or (d) above, (ii) the additional consideration, if any, payable upon exercise of such Stock Purchase Rights or upon the conversion or exchange of such Convertible Securities or (iii) the rate at which Additional Shares any Convertible Securities above are convertible into or exchangeable for additional shares of Common Stock are deemed or have been deemed issued in connection with the issuance of Options or Convertible Securitiesshall change, certain subsequent events shall require further adjustment of the Warrant Price as set forth in this Section 9.4. (a) No further adjustment in the Warrant Price shall be made as a result of the subsequent issuance of any share of Common Stock upon the exercise of any such Options or the conversion of any such Convertible Securities. (b) If such Options or Convertible Securities by their terms provide, with the passage of time or otherwise, for any decrease in the consideration payable to the Company, or increase in the number of shares of Common Class A Non-Voting Stock issuable upon under this Warrant at the exercise, conversion, or exchange thereof, the Warrant Price computed upon the original issuance thereof, and any subsequent adjustments based thereon, shall, upon any time of such decrease or increase becoming effective, be recomputed to reflect such decrease or increase insofar as it affects such Options or the rights of conversion or exchange under such Convertible Securities. Notwithstanding any provision to the contrary in any instrument governing such Options or Convertible Securities, however, there event shall be no such decrease or increase as a result of any recomputation of the Warrant Price pursuant to this subsection 9.4(b). (c) Upon the expiration of any Options or rights of conversion or exchange under any Convertible Securities, if any thereof shall not have been exercised, the Warrant Price shall, upon such expiration, forthwith be readjusted and shall thereafter be such as it to that number of Shares which would have been issuable at such time had it been originally adjusted (such Stock Purchase Rights or had the original adjustment not been requiredConvertible Securities provided for such changed purchase price, additional consideration or conversion rate, as the case may be) as if (A) , at the only shares of Common Stock so issued were the shares of Common Stocktime initially granted, if any, actually issued or sold upon sold. On the exercise expiration of any such Options Stock Purchase Rights not exercised or conversions of any such right to convert or exchange rights under any such Convertible Securities and (B) such not exercised, the number of shares of Common Stock, if any, were issued Class A Non-Voting Stock issuable under this Warrant shall forthwith be reduced to that number of shares which would have been issuable at the time of such expiration or sold for termination had such Stock Purchase Rights or Convertible Securities never been issued. No readjustment of the consideration actually received number of shares of Class A Non-Voting Stock issuable under this Warrant pursuant to this Subsection (f) shall have the effect of reducing the number of shares of Class A Non-Voting Stock issuable under this Warrant by a number in excess of the Company upon such exercise plus adjustments made to the aggregated consideration, if any, actually received by number of shares of Class A Non-Voting Stock issuable under this Warrant in respect of the Company for the issuanceissue, sale or grant of all of such Options the applicable Stock Purchase Rights or conversion or exchange rights under such Convertible Securities whether or not exercised, provided, further that no such readjustment shall have the effect of increasing the Warrant Price by an amount in excess of the amount of the adjustment initially made, in respect to the issuance, sale or grant of such Options, or conversion or exchange rights under such Convertible Securities.