Common use of No Adjustment of Exercise Price in Certain Cases Clause in Contracts

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) upon the issuance or sale of a Series V Warrant or the shares of Common Stock issuable upon the exercise of a Series V Warrant; (b) the issuance of any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: : (ai) upon the issuance or sale of a Series V Warrant or the shares of Common Stock issuable upon the exercise of a Series V Warrant; warrants and options outstanding as of the date hereof; or (bii) upon the issuance of any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely upon the exercise of changes in par value, oroptions granted prior to the date hereof pursuant to any Company's stock option plan

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) upon Upon the issuance or sale of a Series V this Warrant or the shares of Common Stock issuable upon the exercise of a Series V Warrantany Warrant Shares; (b) Upon the issuance or sale of any other class shares of stock resulting from successive changes or reclassifications of such Common Stock consisting solely upon the exercise of changes options, rights or warrants, or upon the conversion or exchange of convertible or exchangeable securities, in par value, orany case (i)

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: 14 16 (a) upon Upon the issuance or sale of a Series V Warrant the Warrants or the shares of Common Stock issuable upon the exercise of a Series V Warrantthe Warrants; (b) the issuance of any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: made (ai) upon the issuance of the Warrant Shares, (ii) upon the issuance of any Excluded Securities, or sale of a Series V Warrant or the (iii) shares of Common Stock issuable upon pursuant to any employee benefit plan which has been approved by the exercise Board of a Series V Warrant; (b) Directors of the issuance of Company, pursuant to which the Company’s securities may be issued to any other class of stock resulting from successive changes employee, officer or reclassifications of such Common Stock consisting solely of changes in par value, ordirector for services provided to the Company.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) upon : Upon the issuance or sale of a Series V Warrant the Warrants or the shares of Common Stock issuable upon the exercise of a Series V Warrant; the Warrants; If the amount of said adjustment shall be less than two cents (b2 cents) the issuance of per Warrant Security, provided, however, that in such case any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, oradjustment that

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: : (a) upon Upon the issuance or sale of a Series V Warrant the Warrants or the shares of Common Stock issuable upon the exercise of a Series V Warrant; the Warrants; or (b) Upon the issuance exercise of any other class existing stock options or warrants as of stock resulting from successive changes the date of this Warrant Agreement or reclassifications upon the conversion of such Common Stock consisting solely of changes in par valuethe Convertible Subordinated Debentures to be issued to Conseco, Inc. or a subsidiary thereof; or

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) upon Upon the issuance or sale of a Series V Warrant or the shares of Common Stock issuable upon the exercise of a Series V Warrant;the Warrants; or (b) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the issuance or sale by the Company of any other class shares of stock resulting from successive changes or reclassifications of such Common Stock consisting solely pursuant to the exercise of changes in par valueany such options, oror (ii) the

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: made (ai) upon the issuance of the Warrant Shares, (ii) upon the exercise of any options, rights, or sale warrants outstanding as of a Series V Warrant February 3, 2006 or the (iii) shares of Common Stock issuable upon pursuant to any employee benefit plan which has been approved by the exercise Board of a Series V Warrant; (b) Directors of the issuance of Company, pursuant to which the Company's securities may be issued to any other class of stock resulting from successive changes employee, officer or reclassifications of such Common Stock consisting solely of changes in par value, ordirector for services provided to the Company.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) upon the issuance or sale of a Series V U Warrant or the shares of Common Stock issuable upon the exercise of a Series V U Warrant; (b) the issuance of any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) upon Upon the issuance or sale of a Series V the Representative's Warrant or the shares of Common Stock issuable upon the exercise of a Series V WarrantWarrant Shares; (b) the issuance of any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) upon the issuance or sale of a Series V Warrant the Warrants or the shares of Common Stock issuable upon the exercise of a Series V Warrant;the Warrants; or (b) if the issuance amount of any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, orsaid adjustment shall be less than two cents ($.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) upon Upon the issuance or sale of a Series V Warrant the Warrants or the shares of Common Stock issuable upon the exercise of a Series V Warrant;the Warrants; or (b) If the issuance amount of any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, orsaid adjustment shall be less than two cents ($.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) upon Upon the issuance or sale of a Series V Warrant shares of Common Stock sold in connection with the public offering and shares of Common Stock issued and sold upon exercise of the Representative's Warrants; (b) Upon the issuance or the sale of shares of Common Stock issuable upon the exercise or conversion of a Series V Warrant;any security issued and outstanding on the date hereof; or (bc) If the issuance amount of any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, orsaid adjustment shall be less than two cents ($.

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) upon Upon the issuance or sale of a Series V Warrant the Warrants or the shares of Common Stock issuable upon the exercise of a Series V WarrantWarrant Shares; (b) Upon the issuance or sale of Common Stock (or any other class of stock resulting from successive changes security convertible, exercisable, or reclassifications of such Common Stock consisting solely of changes in par value, orexchangeable into shares of

No Adjustment of Exercise Price in Certain Cases. No adjustment adjustments of the Exercise Price shall be made: made (ai) upon the issuance of the Warrant Shares, (ii) upon the exercise of any options, rights, or sale warrants outstanding as of a Series V Warrant the date of the Loan Agreement, or the (iii) shares of Common Stock issuable upon pursuant to any employee benefit plan which has been approved by the exercise Board of a Series V Warrant; (b) Directors of the issuance of Company, pursuant to which the Company’s securities may be issued to any other class of stock resulting from successive changes employee, officer or reclassifications of such Common Stock consisting solely of changes in par value, ordirector for services provided to the Company.