Common use of Timing of Adjustments Clause in Contracts

Timing of Adjustments. Any adjustment required by Section 2.2 or 2.3 shall be made whenever any such dividend, subdivision, combination or distribution (each, an “Adjustment Event”) is made, and shall become effective on the effective date of the Adjustment Event (or, in the case of any adjustment pursuant to Section 2.3, the date on which the value of the Assets and the Fair Market Value have been finally determined in accordance with Section 2.5) and retroactive to the record date for the determination of stockholders subject to the Adjustment Event, provided that the Company is not required to make an adjustment pursuant to Section 2.2 or 2.3 if at the time of any distribution in connection with an Adjustment Event the Company makes the same distribution to the Holder of the Warrant as it makes to holders of Common Stock pro rata based on the number of shares of Common Stock for which the Warrant is then exercisable (after taking into account all unmade adjustments prior to such date).