Common use of ADJUSTMENT FOR CASH DIVIDENDS AND OTHER DISTRIBUTIONS Clause in Contracts

ADJUSTMENT FOR CASH DIVIDENDS AND OTHER DISTRIBUTIONS. In the event that at any time or from time to time the Company shall distribute to all holders of Common Stock (i) any dividend or other distribution of cash, evidences of its indebtedness, shares of its capital stock or any other assets, properties or debt securities or (ii) any options, warrants or other rights to subscribe for or purchase any of the foregoing (other than, in each case, (x) any distributions described in Sections 5.01(a), 5.01(c) or 5.01(d) that result in an adjustment; and (z) any cash dividends or other cash distributions from current or retained earnings), then the number of shares of Common Stock issuable upon the exercise of each Preference Warrant shall be increased to a number determined by multiplying the number of shares of Common Stock issuable upon the exercise of such Preference Warrant immediately prior to the record date for any such dividend or distribution by a fraction, the numerator of which shall be the Current Market Value per share of Common Stock on the record date for such dividend or distribution and the denominator of which shall be such Current Market Value per share of Common Stock on the record date for such dividend or distribution less the sum of (x) the amount of cash, if any, distributed per share of Common Stock and (y) the fair value (as determined in good faith by the Board, whose determination shall be evidenced by a board resolution filed with the Preference Warrant Agent, a copy of which will be sent to Holders upon request) of the portion, if any, of the distribution applicable to one share of Common Stock consisting of evidences of indebtedness, shares of stock, securities, other assets or property, warrants, options or subscription or purchase rights; and, subject to Sections 5.01(n) and 5.03, the Preference Exercise Price shall be adjusted to a number determined by dividing the Preference Exercise Price immediately prior to such record date by the aforementioned fraction. Such adjustments shall be made whenever any distribution is made and shall become effective as of the date of distribution, retroactive to the record date for any such distribution; provided, however, that the Company is not required to make an adjustment pursuant to this Section 5.01(b) if at the time of such distribution the Company makes the same distribution to Holders of Preference Warrants as it makes to holders of Common Stock pro rata based on the number of shares of Common Stock for which such Preference Warrants are exercisable (whether or not currently exercisable). No adjustment shall be made pursuant to this Section 5.01(b) which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of each Preference Warrant or increasing the Preference Exercise Price.

ADJUSTMENT FOR CASH DIVIDENDS AND OTHER DISTRIBUTIONS. In the event that at any time or from time to time the Company shall distribute to all holders of Common Stock (i) any dividend or other distribution of cash, evidences of its indebtedness, shares of its capital stock or any other assets, properties or debt securities or (ii) any options, warrants or other rights to subscribe for or purchase any of the foregoing (other than, in each case, (x) any distributions rights, options, warrants or securities described in Sections 5.01(a), Section 5.01(c) or 5.01(d) that result in an adjustment; and (zy) any cash dividends or other cash distributions from current or retained earnings), then the number of shares of Common Stock issuable upon the exercise of each Preference Warrant shall be increased to a number determined by multiplying the number of shares of Common Stock issuable upon the exercise of such Preference Warrant immediately prior to the record date for any such dividend or distribution by a fraction, the numerator of which shall be the Current Market Value per share of Common Stock on the record date for such dividend or distribution and the denominator of which shall be such Current Market Value per share of Common Stock on the record date for such dividend or distribution less the sum of (x) the amount of cash, if any, distributed per share of Common Stock and (y) the fair value (as determined in good faith by the Boardboard of directors of the Company, whose determination shall be evidenced by a board resolution filed with the Preference Warrant Agent, a copy of which will be sent to Holders upon request) of the portion, if any, of the distribution applicable to one share of Common Stock consisting of evidences of indebtedness, shares of stock, securities, other assets or property, warrants, options or subscription or purchase rights; and, subject to Sections 5.01(n) and 5.03, the Preference Exercise Price shall be adjusted to a number determined by dividing the Preference Exercise Price immediately prior to such record date by the aforementioned fraction. Such adjustments shall be made whenever any distribution is made and shall become effective as of the date of distribution, retroactive to the record date for any such distribution; provided, however, that the Company is not required to make an adjustment pursuant to this Section 5.01(b) for any Warrant if at the time of such distribution the Company makes the same distribution to Holders the Holder of Preference Warrants such Warrant as it makes to holders of Common Stock pro rata based on the number of shares of Common Stock for which such Preference Warrants are exercisable (whether or not currently Warrant is exercisable). No adjustment shall be made pursuant to this Section 5.01(b) which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of each Preference Warrant or increasing the Preference Exercise Price.

ADJUSTMENT FOR CASH DIVIDENDS AND OTHER DISTRIBUTIONS. In the event that at any time or from time to time the Company shall distribute to all holders of Common Stock (i) any dividend or other distribution of cash, evidences of its indebtedness, shares of its capital stock or any other assets, properties or debt securities or (ii) any options, warrants or other rights to subscribe for or purchase any of the foregoing (other than, in each case, (x) any distributions described in Sections 5.01(a), 5.01(c) or 5.01(d) that 5.01(d)that result in an adjustment; and (z) any cash dividends or other cash distributions from current or retained earnings), then the number of shares of Common Stock issuable upon the exercise of each Preference Warrant shall be increased to a number determined by multiplying the number of shares of Common Stock issuable upon the exercise of such Preference Warrant immediately prior to the record date for any such dividend or distribution by a fraction, the numerator of which shall be the Current Market Value per share of Common Stock on the record date for such dividend or distribution and the denominator of which shall be such Current Market Value per share of Common Stock on the record date for such dividend or distribution less the sum of (x) the amount of cash, if any, distributed per share of Common Stock and (y) the fair value (as determined in good faith by the Board, whose determination shall be evidenced by a board resolution filed with the Preference Warrant Agent, a copy of which will be sent to Holders upon request) of the portion, if any, of the distribution applicable to one share of Common Stock consisting of evidences of indebtedness, shares of stock, securities, other assets or property, warrants, options or subscription or purchase rights; and, subject to Sections 5.01(n) and 5.03, the Preference Exercise Price shall be adjusted to a number determined by dividing the Preference Exercise Price immediately prior to such record date by the aforementioned fraction. Such adjustments shall be made whenever any distribution is made and shall become effective as of the date of distribution, retroactive to the record date for any such distribution; provided, however, that the Company is not required to make an adjustment pursuant to this Section 5.01(b) if at the time of such distribution the Company makes the same distribution to Holders of Preference Warrants as it makes to holders of Common Stock pro rata based on the number of shares of Common Stock for which such Preference Warrants are exercisable (whether or not currently exercisable). No adjustment shall be made pursuant to this Section 5.01(b) which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of each Preference Warrant or increasing the Preference Exercise Price.

ADJUSTMENT FOR CASH DIVIDENDS AND OTHER DISTRIBUTIONS. In the event that at any time or from time to time the Company shall distribute to all holders of Common Stock (i) any dividend or other distribution of cash, evidences of its indebtedness, shares of its capital stock or any other assets, properties or debt securities or (ii) any options, warrants or other rights to subscribe for or purchase any of the foregoing (other than, in each case, (x) any distributions rights, options, warrants or securities described in Sections 5.01(a), Section 5.01(c) or 5.01(d) that result in an adjustment; and (z) any cash dividends or other cash distributions from current or retained earnings), then the number of shares of Common Stock issuable upon the exercise of each Preference Warrant shall be increased to a number determined by multiplying the number of shares of Common Stock issuable upon the exercise of such Preference Warrant immediately prior to the record date for any such dividend or distribution by a fraction, the numerator of which shall be the Current Market Value per share of Common Stock on the record date for such dividend or distribution and the denominator of which shall be such Current Market Value per share of Common Stock on the record date for such dividend or distribution less the sum of (x) the amount of cash, if any, distributed per share of Common Stock and (y) the fair value (as determined in good faith by the Board, whose determination shall be evidenced by a board resolution filed with the Preference Warrant Agent, a copy of which will be sent to Holders upon request) of the portion, if any, of the distribution applicable to one share of Common Stock consisting of evidences of indebtedness, shares of stock, securities, other assets or property, warrants, options or subscription or purchase rights; and, subject to Sections Section 5.01(n) and 5.03), the Preference Exercise Price shall be adjusted to a number determined by dividing the Preference Exercise Price immediately prior to such record date by the aforementioned fraction. Such adjustments shall be made whenever any distribution is made and shall become effective as of the date of distribution, retroactive to the record date for any such distribution; provided, however, that the Company is not required to make an adjustment pursuant to this Section 5.01(b) if at the time of such distribution the Company makes the same distribution to Holders of Preference Warrants as it makes to holders of Common Stock pro rata based on the number of shares of Common Stock for which such Preference Warrants are exercisable (whether or not currently exercisable). No adjustment shall be made pursuant to this Section 5.01(b) which shall have the effect of decreasing the number of shares of Common Stock issuable upon exercise of each Preference Warrant or increasing the Preference Exercise Price.