Common use of Exercise Price Adjusted Clause in Contracts

Exercise Price Adjusted. As used in this Warrant, the term “Exercise Price” shall mean the purchase price per share specified in Section 3 of this Warrant, until the occurrence of an event stated in this Section 5 or otherwise set forth in this Warrant, and thereafter shall mean said price as adjusted from time to time in accordance with the provisions of said subsection. No such adjustment under this Section 5 shall be made unless such adjustment would change the Exercise Price at the time by $.01 or more; provided, however, that all adjustments not so made shall be deferred and made when the aggregate thereof would change the Exercise Price at the time by $.01 or more. No adjustment made pursuant to any provision of this Section 5 shall have the net effect of increasing the Exercise Price in relation to the split adjusted and distribution adjusted price of the Common Stock. Notwithstanding anything to the contrary in this Warrant, so long as any of the Company’s Convertible Senior Subordinated Zero-Coupon Promissory Notes issued in December 2006 (the “Senior Notes”) continue to remain outstanding, if any adjustment to the Exercise Price pursuant to Section 5 or otherwise set forth in this Warrant would otherwise result in an Exercise Price of less than $6.00, then the Exercise Price shall be adjusted to $6.00; provided, however, the foregoing limitation on adjustments to the Exercise Price shall not apply to adjustments pursuant to Section 5(b) hereof.