Adjustment for Cash Distributions. If the Ex-Dividend Date occurs for any cash dividend or distribution by the Parent to all or substantially all holders of the outstanding shares of Common Stock (other than a regular quarterly cash distribution that does not exceed the Distribution Threshold), the Exchange Rate shall be adjusted based on the following formula: where: ER0 = the Exchange Rate in effect immediately prior to the Open of Business on the Ex-Dividend Date for such cash dividend or distribution; ER1 = the Exchange Rate in effect at the Open of Business on the Ex-Dividend Date for such cash dividend or distribution; 70 SP0 = the Last Reported Sale Price of the Common Stock on the Trading Day immediately preceding the Ex-Dividend Date for such cash dividend or distribution; T = the Distribution Threshold; provided, that if the cash dividend or distribution is not a regular quarterly cash distribution, then the Distribution Threshold will be deemed to be zero; and C = the amount in cash per share of Common Stock that the Company pays or distributes to holders of shares of the Common Stock. If “SP0” (as defined above) minus “C” (as defined above) is less than $1.00, in lieu of the foregoing adjustment, each Holder shall receive, for each $1,000 principal amount of Notes held (as of the relevant time on the relevant record date or other date for establishing the entitlement of holders of the shares of Common Stock to receive such distribution), at the same time and upon the same terms as holders of the shares of Common Stock, the amount of cash such Holder would have received if such Holder had owned a number of shares of Common Stock equal to the Exchange Rate in effect on the Ex-Dividend Date for such cash dividend or distribution. Any adjustment made under this Section 12.05(d) shall become effective at the Open of Business on the Ex-Dividend Date for such cash dividend or distribution. If the Ex-Dividend Date for a cash dividend or distribution of the type described in this Section 12.05(d) (and an adjustment to the Exchange Rate pursuant thereto) occurs but such is not so paid or made, the Exchange Rate shall be readjusted, as of the date the Board of Directors of the Parent determines not to make or pay such cash dividend or distribution, to the Exchange Rate that would then be in effect had the relevant adjustment pursuant to this Section 12.05(d) not occurred.
Adjustment for Cash Distributions. (a) If the Company, prior to the exercise in whole or expiration of this Warrant, pays a cash distribution to all holders of its Common Stock, then the number of Warrant Shares issuable upon the exercise of this Warrant shall be adjusted in accordance with the formula: where:
Adjustment for Cash Distributions. If, after the Issue Date of the Warrant, the Company makes a distribution to all or substantially all holders of its Common Stock consisting exclusively of cash, the Exercise Price shall be adjusted in accordance with the formula: R' = the Exercise Price in effect immediately after the Open of Business on the record date for such distribution; R = the Exercise Price in effect immediately prior to the Open of Business on the record date for such distribution; SP = the average of the Closing Sale Prices of Common Stock over the 10 consecutive Trading Day period ending on, and including, the Trading Day immediately preceding the record date for such distribution; and C = the amount in cash per share the Company distributes to holders of Common Stock. The adjustment shall become effective immediately after the Open of Business on the record date with respect to the distribution. Notwithstanding the foregoing, if “C” as set forth above is equal to or greater than “SP” as set forth above, in lieu of the foregoing adjustment, adequate provision shall be made so that the Holder shall have the right to receive on the date on which the relevant cash dividend or distribution is distributed to holders of Common Stock, the amount of cash the Holder would have received had the Holder owned a number of shares exercisable from the Exercise Price on the record date for such distribution. If such dividend or distribution is not so paid or made, the Exercise Price shall again be adjusted to be the Exercise Price that would then be in effect if such dividend or distribution had not been declared.
Adjustment for Cash Distributions. In case the Company shall pay an annual cash distribution per Share, excluding any distribution in connection with the liquidation, dissolution or winding up of the Company, whether voluntary or involuntary, then, in such case, the Exercise Price shall be decreased by the amount of the cash distribution per Share payable to the holder of one Share, such adjustment to be effective immediately prior to the opening of business on the day following such record date. If any such distribution is not so paid, the Exercise Price shall again be adjusted to be the Exercise Price that would then be in effect if such distribution had not been declared.
Adjustment for Cash Distributions. If the Company pays cash dividends or distributions to all or substantially all holders of the outstanding Common Stock, the Conversion Rate will be adjusted based on the following formula: CR1= CR0 x XX0 XX0 - C where: CR0 = the Conversion Rate in effect immediately prior to the Open of Business on the Ex-Dividend Date for such distribution; CR1 = the Conversion Rate in effect immediately after the Open of Business on the Ex-Dividend Date for such distribution; SP0 = the average of the Last Reported Sale Prices of the Common Stock over the ten consecutive Trading Day period ending on, and including, the Trading Day immediately preceding the Ex-Dividend Date for such distribution; and C = the amount in cash per share the Company distributes to holders of the Common Stock in such distribution. If “SP0” (as defined above) minus “C” (as defined above) is less than $1.00, in lieu of the foregoing adjustment, each Holder shall receive, for each $1,000 principal amount of Notes held, at the same time and upon the same terms as holders of the Common Stock, the amount of cash such Holder would have received if such Holder had owned a number of shares of the Common Stock equal to the Conversion Rate in effect on the record date for such distribution. Any adjustment made under this Section 10.05(d) will become effective immediately after the Open of Business on the Ex-Dividend Date for such distribution. If such distribution is not so paid or made, the Conversion Rate shall be readjusted to be the Conversion Rate that would then be in effect had such distribution not been declared.
Adjustment for Cash Distributions. If the Ex-Dividend Date occurs for any cash dividend or distribution by the Company to all or substantially all holders of the outstanding Common Units (other than a regular quarterly cash distribution that does not exceed the applicable Distribution Threshold for the calendar year during which such Ex-Dividend date falls, and which is subject to adjustment as described below), the Conversion Rate shall be adjusted based on the following formula: where: CR0 = the Conversion Rate in effect immediately prior to the Open of Business on the Ex-Dividend Date for such dividend or distribution; CR1 = the Conversion Rate in effect immediately after the Open of Business on the Ex-Dividend Date for such dividend or distribution; SP0 = the average of the Last Reported Sale Prices of Common Units over the ten consecutive Trading Day period ending on, and including, the Trading Day immediately preceding the Ex-Dividend Date for such dividend or distribution; T = the applicable Distribution Threshold; provided, that if the dividend or distribution is not a regular quarterly cash distribution, then the Distribution Threshold will be deemed to be zero; and
Adjustment for Cash Distributions. If, after the Issue Date of the Warrant, the Company makes a distribution to all or substantially all holders of its Common Stock consisting exclusively of cash, the Exercise Price shall be adjusted in accordance with the formula: R’ = the Exercise Price in effect immediately after the Open of Business on the record date for such distribution; R = the Exercise Price in effect immediately prior to the Open of Business on the record date for such distribution; SP = the average of the Closing Sale Prices of Common Stock over the 10 consecutive Trading Day period ending on, and including, the Trading Day immediately preceding the record date for such distribution; and
Adjustment for Cash Distributions. If the Company pays cash dividends or distributions to all or substantially all holders of the outstanding Common Stock, the Conversion Rate will be adjusted based on the following formula: CR1= XX0 XX0 x SP0 - C where: CR0 = the Conversion Rate in effect immediately prior to the Open of Business on the Ex-Dividend Date for such distribution; CR1 = the Conversion Rate in effect immediately after the Open of Business on the Ex-Dividend Date for such distribution; SP0 = the average of the Last Reported Sale Prices of the Common Stock over the ten consecutive Trading Day period ending on, and including, the Trading Day immediately preceding the Ex-Dividend Date for such distribution; and
Adjustment for Cash Distributions. In case the Company shall pay an annual cash dividend in excess of $0.08 per share of Common Stock, excluding any dividend or distribution in connection with the liquidation, dissolution or winding up of the Company, whether voluntary or involuntary, then, in such case, the Exercise Price shall be decreased by the amount of the cash dividend in excess of $0.08 per share payable to the holder of one share of Common Stock, such adjustment to be effective immediately prior to the opening of business on the day following such record date. If any such dividend is not so paid, the Exercise Price shall again be adjusted to be the Exercise Price that would then be in effect if such dividend had not been declared.
Adjustment for Cash Distributions. (a) If the Company distributes to all holders of Common Stock cash in an aggregate amount which, combined with (i) all other such all-cash distributions made within the then preceding 12 months in respect of which no adjustment has been made and (ii) any cash and the fair market value of other consideration paid or payable in respect of any tender offer by the Company for Common Stock concluded within the preceding 12 months in respect of which no adjustment has been made, exceeds 20% of the Company's market capitalization (defined as being the product of the then current market price the Common Stock determined in accordance with Section 13.3(b) multiplied by the number of shares of Common Stock then outstanding) on the record date of such distribution, the Conversion Rate shall be adjusted in accordance with the following formula: M AC = CC x ------ M - C where: AC = the adjusted Conversion Rate. CC = the then current Conversion Rate. M = the current market price per share of Common Stock (as determined in accordance with Section 13.3(b) hereof) on the record date mentioned above. C = the amount of cash distributed applicable to one share of Common Stock.
