Common use of Waiver of Adjustment of Series A Preferred Conversion Price Clause in Contracts

Waiver of Adjustment of Series A Preferred Conversion Price. Notwithstanding anything to the contrary, the operation of Section 2.1(c)(iv) and any adjustments made to the Series A Preferred Conversion Price pursuant thereto may be waived with respect to any specific Series A Preferred Units, either prospectively or retroactively and either generally or in a particular instance, by a writing executed by the registered Holder of such Series A Preferred Units. Any waiver pursuant to this Section 2.1(c)(vii) shall bind all future holders of Series A Preferred Units for which such waiver is effective. In the event that a waiver of adjustment of the Series A Preferred Conversion Price results in different conversion prices for different Series A Preferred Units, the Company shall maintain a ledger identifying the conversion price for each Series A Preferred Unit. Such information shall be made available to any holder of Series A Preferred Units upon request. For purposes of this Section 2.1(c)(vii), if different Series A Preferred Units have different conversion prices as a result of a waiver pursuant to this Section 2.1(c)(vii), the Series A Preferred Conversion Price for triggering any future adjustment of the conversion price of the Series A Preferred Units that have not had such adjustment waived shall be the lowest conversion price in effect with respect to Series A Preferred Units.