Common use of No Adjustment for Certain Transactions Clause in Contracts

No Adjustment for Certain Transactions. Notwithstanding the foregoing, no adjustment shall be made to the Option Price or to the number of shares of Common Stock issuable upon exercise of this Option in connection with the following transactions: (i) the Common Stock Offering, the Series A Preferred Stock Offering, the Exchange Offer or the Rights Offering (as such terms are defined in the Offering Memorandum); (ii) the issuance of up to 6,710,000 shares of Common Stock pursuant to options granted, expected to be granted or available to be granted to Company employees as described in Footnote 4 on page 44 of the Offering Memorandum; or (iii) the issuance of up to 3,000,000 shares of Common Stock to the Placement Agent as described in Section 11 of the Preferred Stock Purchase Agreement.