Common use of Adjustments Not Yet Effective Clause in Contracts

Adjustments Not Yet Effective. Notwithstanding anything to the contrary in this Warrant Agreement, if: (1) a Warrant is exercised; (2) the Record Date, effective date or Expiration Time for any event that requires an adjustment to the Strike Price pursuant to Section 5(e)(i) has occurred on or before the Exercise Date for such exercise, but an adjustment to the Strike Price or the Warrant Entitlement for such event has not yet become effective as of such Exercise Date; (3) the Exercise Consideration due upon such exercise includes any whole shares of Common Stock; and (4) such shares are not entitled to participate in such event (because they were not held on the related Record Date or otherwise), then, solely for purposes of such exercise, the Company will, without duplication, give effect to such adjustment on such Exercise Date. In such case, if the date on which the Company is otherwise required to deliver the Exercise Consideration due upon such exercise is before the first date on which the amount of such adjustment can be determined, then the Company will delay the settlement of such exercise until the second (2nd) Business Day after such first date.

Adjustments Not Yet Effective. Notwithstanding anything to the contrary in this Warrant Agreement, if: (1) a Warrant is exercisedExercised; (2) the Record Date, effective date or Expiration Time for any event that requires an adjustment to the Strike Price pursuant to Section 5(e)(i) has occurred on or before the Exercise Date for such exerciseExercise, but an adjustment to the Strike Price or the Warrant Entitlement number of Underlying Shares of the Warrants for such event has not yet become effective as of such Exercise Date; (3) the Exercise Consideration due upon such exercise Exercise includes any whole shares of Common Stock; and (4) such shares are not entitled to participate in such event (because they were not held on the related Record Date or otherwise), then, solely for purposes of such exerciseExercise, the Company will, without duplication, give effect to such adjustment on such Exercise Date. In such case, if the date on which the Company is otherwise required to deliver the Exercise Consideration due upon such exercise Exercise is before the first date on which the amount of such adjustment can be determined, then the Company will delay the settlement of such exercise Exercise until the second (2nd) Business Day after such first date.

Adjustments Not Yet Effective. Notwithstanding anything to the contrary in this Warrant Agreement, if: (1) a Warrant is exercisedExercised; (2) the Record Date, effective date or Tender/Exchange Offer Expiration Time for any event that requires an adjustment to the Strike Price pursuant to Section 5(e)(i5(g)(i) has occurred on or before the Exercise Date for such exerciseExercise, but an adjustment to the Strike Price or the Warrant Entitlement number of Underlying Shares of the Warrants for such event has not yet become effective as of such Exercise Date; (3) the Exercise Consideration due upon such exercise Exercise includes any whole shares of Common Stock; and (4) such shares are not entitled to participate in such event (because they were not held on the related Record Date or otherwise), then, solely for purposes of such exerciseExercise, the Company will, without duplication, give effect to such adjustment on such Exercise Date. In such case, if the date on which the Company is otherwise required to deliver the Exercise Consideration due upon such exercise Exercise is before the first date on which the amount of such adjustment can be determined, then the Company will delay the settlement of such exercise Exercise until the second (2nd) Business Day after such first date.

Adjustments Not Yet Effective. Notwithstanding anything to the contrary in this Warrant Agreement, if: (1) a Warrant is exercisedExercised; (2) the Record Date, effective date or Expiration Time for any event that requires an adjustment to the Strike Price pursuant to Section 5(e)(i5(d)(i) (other than an adjustment pursuant to Section 5(d)(i)(6)) has occurred on or before the Exercise Date for such exerciseExercise, but an adjustment to the Strike Price or the Warrant Entitlement number of Underlying Shares of the Warrants for such event has not yet become effective as of such Exercise Date; (3) the Exercise Consideration due upon such exercise Exercise includes any whole shares of Common Stock; and (4) such shares are not entitled to participate in such event (because they were not held on the related Record Date or otherwise), then, solely for purposes of such exerciseExercise, the Company will, without duplication, give effect to such adjustment on such Exercise Date. In such case, if the date on which the Company is otherwise required to deliver the Exercise Consideration due upon such exercise Exercise is before the first date on which the amount of such adjustment can be determined, then the Company will delay the settlement of such exercise Exercise until the second (2nd) Business Day after such first date.

Adjustments Not Yet Effective. Notwithstanding anything to the contrary in this Warrant Agreement, if: (1) a Warrant is exercised; (2) the Record Date, effective date or Expiration Time for any event that requires an adjustment to the Strike Price pursuant to Section 5(e)(i) has occurred on or before the Exercise Date for such exercise, but an adjustment to the Strike Price or the Warrant Entitlement for such event has not yet become effective as of such Exercise Date; (3) the Exercise Consideration due upon such exercise includes any whole shares of Common StockPartnership Units; and (4) such shares Partnership Units are not entitled to participate in such event (because they were not held on the related Record Date or otherwise), then, solely for purposes of such exercise, the Company will, without duplication, give effect to such adjustment on such Exercise Date. In such case, if the date on which the Company is otherwise required to deliver the Exercise Consideration due upon such exercise is before the first date on which the amount of such adjustment can be determined, then the Company will delay the settlement of such exercise until the second (2nd) Business Day after such first date; provided, however, that in the case such delayed settlement would be necessary, the Holder may elect instead to forego such adjustment and the Company shall not be entitled to any such delay.