Common use of No Adjustment of Exercise Price Clause in Contracts

No Adjustment of Exercise Price. No adjustment in the Exercise Price shall be made as the result of the issuance of Additional Shares of Common Stock if: (a) the consideration per share (determined pursuant to Subsection 4.3(e)) for such Additional Share of Common Stock issued or deemed to be issued by the Company is equal to or greater than the applicable Exercise Price in effect immediately prior to the issuance or deemed issuance of such Additional Shares of Common Stock, or (b) prior to such issuance or deemed issuance, the Company receives written notice from the holders of at least 75% in principal amount of the then outstanding Notes agreeing that no such adjustment shall be made as the result of the issuance or deemed issuance of such Additional Shares of Common Stock.

No Adjustment of Exercise Price. No adjustment in the Exercise Price shall be made as the result of the issuance of Additional Shares of Common Stock if: (ai) the consideration per share (determined pursuant to Subsection 4.3(e)9.2(e) for such Additional Share Shares of Common Stock issued or deemed to be issued by the Company is equal to or greater than the applicable Exercise Price in effect immediately prior to the issuance or deemed issuance of such Additional Shares of Common StockShares, or (bii) prior to such issuance or deemed issuance, the Company receives written notice from the holders of at least 75not less than 95% in principal amount of the then outstanding Notes shares of Series C Preferred Stock agreeing that no such adjustment shall be made as the result of the issuance or deemed issuance of such Additional Shares of Common Stock.