Warrant Price Uses in Adjustment to Number of Shares Clause

Adjustment to Number of Shares

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ACT), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.

Adjustment to Number of Shares. The Number of Shares for which this Warrant is exercisable shall automatically be increased, (x) concurrently with the making of the Term B Loan under and as defined in the Loan Agreement, and without further action by Holder or the Company, by an amount equal to the portion of the Term B Loan actually advanced by Holder to the Company on the Funding Date thereof multiplied by 5.5% and then divided by the Warrant Price, rounded down to the nearest whole Share (the Term B Shares); and (y) concurrently with the making of the Term C Loan under and as defined in the Loan Agreement, and without further action by Holder or the Company, by an additional amount equal to the portion of the Term C Loan actually advanced by Holder to the Company on the Funding Date thereof multiplied by 5.5% and then divided by the Warrant Price, rounded down to the nearest whole Share (the Term C Shares). Any adjustment to the Number of Shares made as a result of this Article 1.7 shall be in addition to any adjustment(s) to be made in accordance with Article 2 hereof. ARTICLE 2. ADJUSTMENTS TO THE SHARES.

Adjustment to Number of Shares

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ACT), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.

Adjustment to Number of Shares. The Number of Shares for which this Warrant is exercisable shall automatically be increased, (x) concurrently with the making of the Term B Loan under and as defined in the Loan Agreement, and without further action by Holder or the Company, by an amount equal to the portion of the Term B Loan actually advanced by Holder to the Company on the Funding Date thereof multiplied by 5.5% and then divided by the Warrant Price, rounded down to the nearest whole Share (the Term B Shares); and (y) concurrently with the making of the Term C Loan under and as defined in the Loan Agreement, and without further action by Holder or the Company, by an additional amount equal to the portion of the Term C Loan actually advanced by Holder to the Company on the Funding Date thereof multiplied by 5.5% and then divided by the Warrant Price, rounded down to the nearest whole Share (the Term C Shares). Any adjustment to the Number of Shares made as a result of this Article 1.7 shall be in addition to any adjustment(s) to be made in accordance with Article 2 hereof. ARTICLE 2. ADJUSTMENTS TO THE SHARES.

Adjustment to Number of Shares

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ACT), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.

Adjustment to Number of Shares. The Number of Shares for which this Warrant is exercisable shall automatically be increased, (x) concurrently with the making of the Term B Loan under and as defined in the Loan Agreement, and without further action by Holder or the Company, by an amount equal to the portion of the Term B Loan actually advanced by Holder to the Company on the Funding Date thereof multiplied by 5.5% and then divided by the Warrant Price, rounded down to the nearest whole Share (the Term B Shares); and (y) concurrently with the making of the Term C Loan under and as defined in the Loan Agreement, and without further action by Holder or the Company, by an additional amount equal to the portion of the Term C Loan actually advanced by Holder to the Company on the Funding Date thereof multiplied by 5.5% and then divided by the Warrant Price, rounded down to the nearest whole Share (the Term C Shares). Any adjustment to the Number of Shares made as a result of this Article 1.7 shall be in addition to any adjustment(s) to be made in accordance with Article 2 hereof. ARTICLE 2. ADJUSTMENTS TO THE SHARES.