Common use of Adjustments for Dividends in Stock or Other Securities or Property Clause in Contracts

Adjustments for Dividends in Stock or Other Securities or Property. If while this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of any class of securities as to which purchase rights under this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property, including cash, (other than the regular dividend pursuant to Section 1.2 of the Certificate at a rate of 8% per annum in accordance with the Certificate as in effect on the date hereof (the “Regular 8% Dividend”) or any Common Stock issued in lieu of cash in respect of the Regular 8% Dividend in accordance with the Certificate as in effect on the date hereof (the Regular 8% Dividend and any such Common Stock issued in lieu of the Regular 8% Dividend, herein called the “Excluded Dividend”)) of the Company by way of dividend, then and in each case, this Warrant shall represent the right to acquire, in addition to the number of shares of such class of securities receivable upon exercise of this Warrant, and without payment of any additional consideration, therefor, the amount of such other or additional stock or other securities or property (other than the Excluded Dividend) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the class of security receivable upon exercise of this Warrant on the date hereof and had thereafter during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available to it as aforesaid during said period, giving effect to all adjustments called for during such period by the provisions of this Section 4 (and unless and until such other additional stock or other securities or property are paid to the holder of this Warrant upon such exercise, the Company shall not pay any dividends or make any other distributions with respect to any shares of any of its capital stock).

Adjustments for Dividends in Stock or Other Securities or Property. If while this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the Class A Common Stock (or any class of other securities as to which purchase rights under this Warrant exist at the time Agreement then exist) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property, property of ListCo (including cash, (other than the regular dividend pursuant to Section 1.2 of the Certificate at a rate of 8% per annum in accordance with the Certificate as in effect on the date hereof (the “Regular 8% Dividend”) or any Common Stock issued in lieu of cash in respect of the Regular 8% Dividend in accordance with the Certificate as in effect on the date hereof (the Regular 8% Dividend and any such Common Stock issued in lieu of the Regular 8% Dividend, herein called the “Excluded Dividend”)) of the Company by way of dividend, then and in each case, this Warrant Agreement shall represent the right to acquire, in addition to the number of shares of such class of securities Class A Common Stock receivable upon exercise of this Warrantthe Call Option, and without payment of any additional consideration, consideration therefor, the amount of such other or additional stock or other securities or property of ListCo (other than the Excluded Dividendincluding cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the class of Class A Common Stock (or other security receivable upon exercise of this Warrant the Call Option) on the date hereof thereof and had thereafter thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available to by it as aforesaid during said such period, giving effect to all adjustments called for during such period by the provisions of this Section 4 (and unless and until 1.7. For the avoidance of doubt, any such other or additional stock or other securities or property are paid of ListCo (including cash) to the holder of this Warrant upon such exercise, be delivered by the Company upon exercise of the Call Option shall be delivered in kind and shall not pay otherwise affect the Exercise Price of such Call Option or otherwise obligate the Company to deliver any dividends or make any additional Class A Common Stock (other distributions with respect to any shares than that actually received by way of any of its capital stockdividend on such Class A Common Stock).

Adjustments for Dividends in Stock or Other Securities or Property. If at any time while this Warrant, Warrant or any portion hereof, hereof remains outstanding and unexpired, unexpired the holders of any class of the securities as to which purchase rights under this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property, including cash, property (other than the regular dividend pursuant to Section 1.2 of the Certificate at a rate of 8% per annum in accordance with the Certificate as in effect on the date hereof (the “Regular 8% Dividend”) or any Common Stock issued in lieu of cash in respect of the Regular 8% Dividend in accordance with the Certificate as in effect on the date hereof (the Regular 8% Dividend and any such Common Stock issued in lieu of the Regular 8% Dividend, herein called the “Excluded Dividend”)cash) of the Company by way of dividend, then and in each case, this Warrant shall represent the right to acquire, in addition to the number of shares of such class of securities the security receivable upon exercise of this Warrant, and without payment of any additional consideration, consideration therefor, the amount of such other or additional stock or other securities or property (other than the Excluded Dividendcash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the class of security receivable upon exercise of this Warrant on the date hereof and had thereafter thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available to by it as aforesaid during said such period, giving effect to all adjustments called for during such period by the provisions of this Section 4 (and unless and until such other additional stock or other securities or property are paid to 11. Notwithstanding the holder of this Warrant upon such exerciseforegoing, the Company agrees that it shall not pay make or authorize any dividends cash dividend or make any other distributions with respect distribution of property (other than securities) on its capital stock to any shares holders thereof unless the Warrant is or is made to become exercisable at such date and shall remain exercisable from such date until the 10th anniversary of any of its capital stock)the Warrant Issue Date.