Additional Liquidation Payments. In the event of any liquidation, dissolution or winding up of the Company, whether voluntary or involuntary, at any time when any Securities are outstanding under the Indenture, each Holder shall be entitled to receive (in addition to any recovery of Unpaid Additional Interest Payments, principal, premium and accrued and unpaid interest with respect to the Securities) payments equal to any distributions of the same type, whether in cash, securities, rights, evidences of indebtedness or other asset or property, as to holders of the Common Stock out of assets legally available for distribution to stockholders as would be made on the shares of Common Stock into which the Securities could be converted assuming such converted shares of Common Stock were outstanding on the record date for such distributions.
Additional Liquidation Payments. In the event of any liquidation, dissolution or winding up of the Company, whether voluntary or involuntary, each Holder shall be entitled to receive (in addition to any recovery of principal, premium, accrued and unpaid interest and Unpaid Additional Interest Payments with respect to the Securities) payments equal to any distributions of the same type, whether in cash, in kind or other property, as to holders of the Common Stock out of assets legally available for distribution to stockholders as would be made on the shares of Common Stock into which the Securities could be converted assuming such converted shares of Common Stock were outstanding on the record date for such distributions (the “Additional Liquidation Payments”)[; provided, however, that Holders shall only be entitled to receive distributions pursuant to this Section 3.3 to the extent such distributions exceed the amount of principal and premium payable with respect to the Securities (other than pursuant to this Section) in the event of any liquidation, dissolution or winding up of the Company].
Additional Liquidation Payments. In the event of any liquidation, dissolution or winding up of the Company, whether voluntary or involuntary, each Holder shall be entitled to receive (in addition to any recovery of Unpaid Additional Interest Payments, principal, premium and accrued and unpaid interest with respect to the Securities) payments equal to any distributions of the same type, whether in cash, in kind or other property, as to holders of the Common Stock out of assets legally available for distribution to stockholders as would be made on the shares of Common Stock into which the Securities could be converted assuming such converted shares of Common Stock were outstanding on the record date for such distributions.
Additional Liquidation Payments. In the event of any liquidation, dissolution or winding up of the Company and in addition to any recovery of principal, premium and accrued and unpaid interest with respect to the New Convertible Debt, Holders will receive payments equal to any distributions to holders of the Company’s common stock out of assets legally available for distribution to stockholders on a pro rata as if converted basis, but only to the extent that such distributions exceed the amount of any recovery with respect to the New Convertible Debt.”
Additional Liquidation Payments. In the event of any liquidation, dissolution or winding up of the Company, whether voluntary or involuntary, at any time when any Securities are outstanding hereunder, each Holder shall be entitled to receive (in addition to any recovery of principal, premium, accrued and unpaid interest and Unpaid Additional Interest Payments with respect to the Securities) payments equal to any distributions of the same type, whether in cash, securities, rights, evidences of indebtedness or other asset or property, as to holders of the Common Stock out of assets legally available for distribution to stockholders as would be made on the shares of Common Stock into which the Securities could be converted assuming such converted shares of Common Stock were outstanding on the record date for such distributions (the “Additional Liquidation Payments”). Promptly after the Company schedules a distribution that would obligate it to make any Additional Liquidation Payment under this Section 3.3, the Company shall give written notice thereof to all Holders setting forth the amount and nature of such distribution and the calculation of the amount of the Additional Liquidation Payment.
