Adjustment for Other Distribution. If the Company distributes to any holder of its Common Stock or any Affiliate of such holder (i) any evidences of indebtedness of the Company or any of its subsidiaries, (ii) any assets of the Company or any of its subsidiaries (other than cash dividends or other cash distributions that do not constitute an Extraordinary Cash Dividend), or (iii) any rights, options or warrants to acquire any of the foregoing or to acquire any other securities of the Company, the Exercise Rate shall be adjusted in accordance with the formula: E' = E x M M - F and the Exercise Price shall be decreased (but not increased) in accordance with the following formula: EP' = EP x E E' where: E' = the adjusted Exercise Rate. E = the current Exercise Rate on the record date referred to in this paragraph (c) below. EP' = the adjusted Exercise Price. EP = the current Exercise Price on the record date referred to in this paragraph (c) below. M = the Current Market Value per share of Common Stock on the record date referred to in this paragraph (c) below. F = the fair market value on the record date referred to in this paragraph (c) below of the indebtedness, assets, rights, options or warrants distributable in respect of one share of Common Stock. The adjustments shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of stockholders entitled to receive the distribution. If any adjustment is made pursuant to clause (iii) above of this subsection (c) as a result of the issuance of rights, options or warrants and at the end of the period during which any such rights, options or warrants are exercisable, not all such rights, options or warrants shall have been exercised, the Warrant shall be immediately readjusted as if "F" in the above formula was the fair market value on the record date of the indebtedness or assets actually distributed upon exercise of such rights, options or warrants divided by the number of shares of Common Stock outstanding on the record date.
Adjustment for Other Distribution. Subject to Section 12(a), if the Company distributes to all Holders of its Common Stock (i) any evidences of indebtedness of the Company or any of its subsidiaries, (ii) any assets of the Company or any of its subsidiaries (other than cash dividends or other cash distributions or distributions from current or retained earnings other than any Extraordinary Cash Dividend), or (iii) any rights, options or warrants to acquire any of the foregoing or to acquire any other securities of the Company, the Exercise Rate shall be adjusted in accordance with the formula: E(1) = E x M -------- M - F where: E1 = the adjusted Exercise Rate. E = the current Exercise Rate on the record date mentioned below. M = the Current Market Value per share of Common Stock on the record date mentioned below. F = the fair market value on the record date mentioned below of the indebtedness, assets, rights, options or warrants distributable to one share of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of stockholders entitled to receive the distribution. If an adjustment is made pursuant to clause (iii) above of this subsection (c) as a result of the issuance of rights, options or warrants and at the end of the period during which any such rights, options or warrants are exercisable, not all such rights, options or warrants shall have been exercised, the Warrant shall be immediately readjusted as if "F" in the above formula was the fair market value on the record date of the indebtedness or assets actually dis tributed upon exercise of such rights, options or warrants divided by the number of shares of Common Stock outstanding on the record date. Notwithstanding the foregoing, provisions of this
Adjustment for Other Distribution. Subject to Subsection 12(a), if the Company distributes to all holders of its Membership Interests (i) any evidences of indebtedness of the Company, (ii) any assets of the Company (excluding cash distributions or distributions from current or retained earnings other than any Extraordinary Cash Distribution and excluding cash distributions made pursuant to Section 4.07(b)(vi) of the Indenture), or (iii) any rights, options or warrants to acquire any of the foregoing or to acquire any other securities of the Company, the Exercise Rate shall be adjusted in accordance with the formula: E(1) = (E x M) ------- M - F where:
Adjustment for Other Distribution. Subject to Section 12(a), if the Company distributes to all holders of its Common Stock (i) any evidences of indebtedness
Adjustment for Other Distribution. Subject to Subsection 12(a), if the Partnership distributes to all holders of its LP Partnership Interests (i) any evidences of indebtedness of the Partnership, (ii) any assets of the Partnership (excluding cash distributions or distributions from current or retained earnings other than any Extraordinary Cash Distribution), or (iii) any rights, options or warrants to acquire any of the foregoing or to acquire any other securities of the Partnership, the Exercise Rate shall be adjusted in accordance with the formula: E(1) = E x M ----- M - F where:
Adjustment for Other Distribution. If the Company distributes to --------------------------------- all holders of its Common Stock any of its assets, debt securities or other securities of the Company (other than Shares) or any rights or warrants to purchase debt securities, assets or other securities of the Company (other than Shares), the Exercise Price shall be adjusted in accordance with the formula: E' = E x (M - F) ------- M where: E' = the adjusted Exercise Price. E = the current Exercise Price. M = the Current Market Price per Share on the record date mentioned below. F = the Fair Market Value on the record date of the assets, securities, rights or warrants applicable to one Share. Adjustments made pursuant to this Section 6(c) shall be made successively whenever any such distribution is made and shall become effective on the effective date of any such distribution, retroactive to the record date for such event. This subsection (c) does not apply to cash dividends paid out of consolidated current or retained earnings as shown on the books of the Company prepared in accordance with generally accepted accounting principles consistently applied, provided such cash dividends do not exceed in any fiscal year of the Company more than 4% of the immediately preceding fiscal year-end's market price per Share as determined in accordance with subsection (f) of this Section 6. Also, this subsection (c) does not apply to any transaction referred to in Sections 6(a), 6(b), 6(d) or 6(e).
Adjustment for Other Distribution. Subject to Section 12(a), if the Company distributes to all Holders of its Common Stock (i) any evidences of indebtedness of the Company or any of its subsidiaries, (ii) any assets of the Company or any of its subsidiaries (other than cash dividends or other cash distributions or distributions from current or retained earnings other than any Extraordinary Cash Dividend), or (iii) any rights, options or warrants to acquire any of the foregoing or to acquire any other securities of the Company, the Exercise Rate shall be adjusted in accordance with the formula: E(1) = E x M ----- M - F where:
Adjustment for Other Distribution. . . 28 Section 6.7.
Adjustment for Other Distribution. (A) If the Company distributes to all holders of its Common Stock cash, debt securities or other assets (including other evidences of indebtedness), except to the extent paid out of Consolidated Net Income for the immediately preceding fiscal year of the Company, the Conversion Price shall be adjusted in accordance with the formula: AC = CC x (M x N) - P M x (N - T) where: AC = the adjusted Conversion Price. CC = the current Conversion Price. M = the current market price per share of Common Stock (as defined in Section 6.7) on the record date for the determination of shareholders entitled to receive the distribution. P = the aggregate fair market value on the record date for the determination of shareholders entitled to receive the distribution (as determined by the Board of Directors and set forth in a certified resolution filed with the Trustee) of the cash, debt securities or other assets distributed (or deemed to be distributed) to holders of Common Stock. N = the number of shares of Common Stock outstand- ing (including any shares referred to in the definition of T below but excluding any other treasury shares) at the close of business on the record date for the determination of shareholders entitled to receive the distribution. T = in the case of a deemed distribution pursuant to subsection (B) below, the number of shares of Common Stock purchased by the Company in connection with such deemed distribution, and in any other case, zero. The adjustment shall become effective, in the case of a deemed distribution pursuant to subsection (B), immediately after the expiration date of the cash tender offer that results in such deemed distribution, and in any other case, immediately after the record date for the determination of shareholders entitled to receive the distribution.
Adjustment for Other Distribution. (1) Subject to subsection (h), if the Company distributes to holders of its WRT Common Stock, as such, (i) evidences of indebtedness or assets (excluding regular cash dividends or cash distributions payable out of consolidated retained earnings) of the Company or any corporation or other legal entity a majority of the voting 13 equity securities or equity interests of which are owned, directly or indirectly, by the Company (a "Subsidiary"), (ii) shares of capital stock of any Subsidiary, (iii) securities convertible into or exchangeable for capital stock (including WRT Common Stock or capital stock of any other class) of the Company or any Subsidiary (excluding those securities described in subsection (b)) or (iv) any rights, options or warrants to purchase any of the foregoing (excluding those securities described in subsection (b)) then the Exercise Quantity will be adjusted to the number that results from multiplying the Exercise Quantity in effect immediately prior to such adjustment by a fraction, the numerator of which will be the Current Market Price per share of WRT Common Stock on the record date for such distribution, and the denominator of which will be such Current Market Price per share of WRT Common Stock less the fair value (as determined in good faith by the Board of Directors of the Company, whose determination will be conclusive) of the portion of the evidences of indebtedness, assets, securities, rights, options or warrants so distributed on account of one share of WRT Common Stock. Such adjustment will be made whenever any such distribution is made and will become effective immediately after the record date for the determination of stockholders entitled to receive such distribution.
