Common use of Timing of Issuance of Additional Common Stock Upon Certain Adjustments Clause in Contracts

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph 4 shall require that any adjustment shall become effective immediately after a record date for an event, the corporation may defer until the occurrence of such event (A) issuing to the holder of any share of Series A Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (B) paying to such holder any amount of cash in lieu of a fractional share of Common Stock provided that the corporation upon request shall deliver to such holder a due bill ▇▇ other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph 4 shall Section 4(g) require that any an adjustment shall become effective immediately after a record date for an event, the corporation Corporation may defer until the occurrence of such event (A) issuing to the holder Holder of any share of Series A Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment adjustment, and (B) paying to such holder Holder any amount of cash in lieu of a fractional share of Common Stock pursuant to paragraph (h) of this Section 4; provided that the corporation Corporation upon request shall deliver to such holder Holder a due bill ▇▇ or other appropriate instrument evidencing such holder's Holder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph Section 4 shall require that any an adjustment shall become effective immediately after a record date for an event, the corporation Company may defer until the occurrence of such event (Ai) issuing to the holder of any share of Series A Preferred Stock converted Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion exercise before giving effect to such adjustment and (Bii) paying to such holder any amount of cash in lieu of a fractional share of Common Stock provided Stock; provided, however, that the corporation Company upon written request of a holder shall deliver to such holder a due bill b▇▇▇ or other appropriate instrument evidencing such holder's ’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph Section 4 shall require that any an adjustment shall become effective immediately after a record date for an event, the corporation Company may defer until the occurrence of such event (Ai) issuing to the holder of any share of Series A Preferred Stock converted Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion exercise before giving effect to such adjustment and (Bii) paying to such holder any amount of cash in lieu of a fractional share of Common Stock provided Stock; provided, however, that the corporation Company upon written request shall deliver to such holder a due bill b▇▇▇ or other appropriate instrument evidencing such holder's ’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph 4 shall Section 4(g) require that any an adjustment shall become effective immediately after a record date for an event, the corporation Corporation may defer until the occurrence of such event (A) issuing to the holder Holder of any share of Series A B Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment adjustment, and (B) paying to such holder Holder any amount of cash in lieu of a fractional share of Common Stock pursuant to paragraph (h) of this Section 4; provided that the corporation Corporation upon request shall deliver to such holder Holder a due bill ▇▇ or other appropriate instrument evidencing such holder's Holder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph 4 shall Section 4(g) require that any an adjustment shall become effective immediately after a record date for an event, the corporation Corporation may defer until the occurrence of such event (A) issuing to the holder of any share of Series A Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment adjustment, and (B) paying to such holder any amount of cash in lieu of a fractional share Common Share pursuant to paragraph (h) of Common Stock this Section 4; provided that the corporation Corporation upon request shall deliver to such holder a due bill ▇▇▇▇ or other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph 4 Section 5.1.5 shall require that any an adjustment shall become effective immediately after a record date for an event, the corporation Company may defer until the occurrence of such event (Ai) issuing to the holder of any share of Series A Preferred Stock the Note converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (Bii) paying to such holder any amount of cash in lieu of a fractional share of Common Stock pursuant to Section 5.1.4; provided that the corporation Company upon request shall deliver to such holder a due bill ▇▇ or other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this subparagraph 4 Part 3 shall require that any an adjustment shall become effective immediately after a record date for an event, the corporation Company may defer until the occurrence of such event (A1) issuing to the holder of any share of Series A Preferred Stock converted Holder exercising after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion exercise before giving effect to such adjustment and (B2) paying to such holder Holder any amount of cash in lieu of a fractional share of such Common Stock provided Stock; provided, however, that the corporation Company upon request shall deliver to such holder the Holder a due bill ▇▇ or other appropriate instrument evidencing such holderth▇ ▇▇lder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.