Cash Distributions and Dividends. If the Company pays a dividend or makes a distribution to the holders of its Common Stock of any securities (other than capital stock for which an adjustment is otherwise made hereunder) or property (including cash and securities of other companies) of the Company, or any rights, options or warrants to subscribe for or purchase securities (other than Common Stock) or property (including securities of other companies) of the Company, then, simultaneously with the payment of such dividend or the making of such distribution, and as a condition precedent to its right to do so, it will pay or distribute to the Executive an amount of property (including, without limitation, cash) and/or securities (including, without limitation, securities of other companies) of the Company as would have been received by the Executive had he exercised all of the Options exercisable by him, in each case immediately prior to the record date (or other applicable date) used for determining stockholders of the Company entitled to receive such dividend or distribution.
Appears in 2 contracts
Samples: Employment and Stock Option Agreement (High Speed Net Solutions Inc), Employment and Stock Option Agreement (High Speed Net Solutions Inc)
Cash Distributions and Dividends. If the Company pays a dividend or makes a distribution to the holders of its Common Stock of any securities (other than capital stock for which an adjustment is otherwise made hereunderCommon Stock) or property (including cash and securities of other companies) of the Company, or any rights, options or warrants to subscribe for or purchase securities (other than Common Stock) or property (including securities of other companies) of the Company, then, simultaneously with the payment of such dividend or the making of such distribution, and as a condition precedent to its right to do so, it the Company will pay or distribute to the Executive holders of the Warrants an amount of property (including, including without limitation, limitation cash) and/or securities (including, including without limitation, limitation securities of other companies) of the Company as would have been received by such holders had they exercised (whether or not the Executive had he exercised Warrants were then exercisable) all of the Options exercisable by him, in each case Warrants immediately prior to the record date (or other applicable date) used for determining stockholders of the Company entitled to receive such dividend or distribution.
Appears in 2 contracts
Samples: Key Energy Group Inc, Key Energy Group Inc