name / content / group

content: 315434

name: Notice of Adjustments

NOTICE OF ADJUSTMENTS. Upon any adjustment of the Purchase Price per share or the number of shares of Common Stock purchasable upon exercise of this Warrant, then, and in each such case, the Company shall give written notice thereof stating the Purchase Price per share resulting from such adjustment and the increase or decrease, if any, in the number of shares purchasable at such price upon the exercise of this Warrant, setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based. If the Company declares a dividend or any other distribution on its Common Stock (other than a cash dividend), or prepares to take any other action which would result in an adjustment to the Purchase Price per share or the number of shares of Common Stock purchasable upon exercise of this Warrant, the Company shall mail to the holder of this Warrant, at least 20 days prior to the applicable date hereinafter specified, a notice stating (a) the record date for such dividend or distribution or, if a record date is not established, the day as of which the holders of Common Stock of record to be entitled to such dividend or distribution are to be determined, or (b) the date on which such other action is expected to affect the Purchase Price per share or the exercise rights of the holder hereof. The Company shall not effect a consolidation, merger or sale, unless prior to the consummation thereof the successor corporation resulting from such consolidation or merger, or the corporation which purchases such assets, shall have given (a) prior written notice to the holder, stating the date such consolidation, merger or sale is expected to become effective, and the date on which it is expected that holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property, and (b) shall have assumed, by written instrument executed and mailed to Holder, the obligation to deliver to Holder such shares of stock, securities or assets (in accordance with the provisions set forth Section 3.7) such Holder may be entitled to purchase upon exercise of this Warrant.