Common use of Waiver of Adjustment of Conversion Price Clause in Contracts

Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Shares as a result of the issuance of Additional Common Shares (including Additional Common Shares deemed to be issued pursuant to Section 3.07(f)(iii)) may be waived, either prospectively or retroactively and either generally or in a particular instance, by the consent or vote of the holders of a majority of the outstanding shares of such series of Preferred Shares (each voting as a separate class on an as-converted basis). Any such waiver shall bind all holders of such series of Preferred Shares, including future holders.