Common use of Rights, Options and Warrants Clause in Contracts

Rights, Options and Warrants. If the Company distributes, to all or substantially all holders of Common Stock, rights, options or warrants (other than rights issued or otherwise distributed pursuant to a stockholder rights plan, as to which the provisions set forth in Sections 5.05(A)(iii)(1) and 5.05(F) will apply) entitling such holders, for a period of not more than forty-five (45) calendar days after the record date of such distribution, to subscribe for or purchase shares of Common Stock at a price per share that is less than the average of the Last Reported Sale Prices per share of Common Stock for the ten (10) consecutive Trading Days ending on, and including, the Trading Day immediately before the date such distribution is announced, then the Conversion Rate will be increased based on the following formula: where: CR0 = the Conversion Rate in effect immediately before the Open of Business on the Ex-Dividend Date for such distribution; CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date; OS = the number of shares of Common Stock outstanding immediately before the Open of Business on such Ex-Dividend Date;

Rights, Options and Warrants. If the Company distributesissues, to all or substantially all holders of its outstanding Common Stock, rights, options or warrants (other than rights issued or otherwise distributed pursuant to a stockholder rights plan, as to which the provisions set forth in Sections 5.05(A)(iii)(1) and 5.05(F) will apply) entitling such holders, for a period of not more than forty-five (45) 60 calendar days after the record date of such distributionissuance, to subscribe for for, or purchase purchase, shares of Common Stock Stock, at a price per share that is less than the average of the Last Reported Sale Prices per share of the Common Stock for the ten (10) 10 consecutive Trading Days Day period ending on, and including, the Trading Day immediately before preceding the date of announcement of such distribution is announcedissuance, then the Conversion Rate will be increased based on the following formula: where: where CR0 = the Conversion Rate in effect immediately before prior to the Open of Business on the Ex-Dividend Date for such distributionissuance; CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date; OS OS0 = the number of shares of Common Stock outstanding immediately before prior to the Open of Business on such Ex-Dividend Date;

Rights, Options and Warrants. If the Company distributes, to all or substantially all holders of Common Stock, rights, options or warrants (other than rights issued or otherwise distributed pursuant to a stockholder rights plan, as to which the provisions set forth in Sections 5.05(A)(iii)(15.06(A)(iii)(1) and 5.05(F5.06(E) will apply) entitling such holders, for a period of not more than forty-five (45) calendar days after the record date of such distribution, to subscribe for or purchase shares of Common Stock at a price per share that is less than the average of the Last Reported Sale Prices per share of Common Stock for the ten (10) consecutive Trading Days ending on, and including, the Trading Day immediately before the date such distribution is announced, then the Conversion Rate will be increased based on the following formula: where: CR0 = the Conversion Rate in effect immediately before the Open of Business on the Ex-Dividend Date for such distribution; CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date; OS = the number of shares of Common Stock outstanding immediately before the Open of Business on such Ex-Dividend Date;

Rights, Options and Warrants. If the Company distributes, to all or substantially all holders of Common Stock, rights, options or warrants (other than rights issued or otherwise distributed pursuant to a stockholder rights plan, as to which the provisions set forth in Sections 5.05(A)(iii)(1) and 5.05(F) will apply) entitling such holders, for a period of not more than forty-five sixty (4560) calendar days after the record date of such distribution, to subscribe for or purchase shares of Common Stock at a price per share that is less than the average of the Last Reported Sale Prices per share of Common Stock for the ten (10) consecutive Trading Days ending on, and including, the Trading Day immediately before the date such distribution is announced, then the Conversion Rate will be increased based on the following formula: where: CR0 = the Conversion Rate in effect immediately before the Open of Business on the Ex-Dividend Date for such distribution; CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date; OS = the number of shares of Common Stock outstanding immediately before the Open of Business on such Ex-Dividend Date;

Rights, Options and Warrants. If the Company distributes, to all or substantially all holders of Common Stock, rights, options or warrants (other than rights issued or otherwise distributed pursuant to a stockholder rights plan, as to which the provisions set forth in Sections 5.05(A)(iii)(18(F)(i)(3)(a) and 5.05(FSection 8(F)(v) will apply) entitling such holders, for a period of not more than forty-five sixty (4560) calendar days after the record date of such distribution, to subscribe for or purchase shares of Common Stock at a price per share that is less than the average of the Last Reported Sale Prices per share of Common Stock for the ten (10) consecutive Trading Days ending on, and including, the Trading Day immediately before the date such distribution is announced, then the Conversion Rate will be increased based on the following formula: where: CR0 = the Conversion Rate in effect immediately before the Open of Business on the Ex-Dividend Date for such distribution; CR1 = the Conversion Rate in effect immediately after the Open of Business on such Ex-Dividend Date; OS = the number of shares of Common Stock outstanding immediately before the Open of Business on such Ex-Dividend Date;

Rights, Options and Warrants. If the Company distributes, issues to all or substantially all holders of its outstanding Common Stock, Stock rights, options or warrants (other than rights issued or otherwise distributed pursuant to a stockholder rights plan, as to which the provisions set forth in Sections 5.05(A)(iii)(1) and 5.05(F) will apply) entitling such holders, holders for a period of not more than forty-five (45) 60 calendar days after the record date of such distribution, issuance to subscribe for for, or purchase purchase, shares of Common Stock Stock, at a price per share that is less than the average of the Last Reported Sale Prices per share of the Common Stock for the ten (10) 10 consecutive Trading Days Day period ending on, and including, on the Trading Day immediately before preceding the date of announcement of such distribution is announcedissuance, then the Conversion Rate will be increased based on the following formula: where: where CR0 = the Conversion Rate in effect immediately before prior to the Open Close of Business on the Ex-Dividend Date record date for such distributionissuance; CR1 = the Conversion Rate in effect immediately after the Open Close of Business on such Ex-Dividend Daterecord date; OS OS0 = the number of shares of Common Stock outstanding immediately before prior to the Open Close of Business on such Ex-Dividend Daterecord date;