Common use of Cash Dividends and Distributions Clause in Contracts

Cash Dividends and Distributions. If the Company shall, at any time or from time to time, while this Warrant is outstanding, issue a dividend or make a distribution on its Common Stock (or Reference Property, to the extent applicable) payable in cash, assets, rights or other property (other than shares of its Common Stock) to all holders of its Common Stock (or Reference Property, to the extent applicable), then, at the opening of business on the Ex-Dividend Date for such dividend or distribution: (i) The Exercise Price will be adjusted by multiplying such Exercise Price by a fraction: (A) the numerator of which shall be the Fair Market Value per share of Common Stock as of the last Trading Day preceding the such Ex-Dividend Date less the Fair Market Value of the cash, assets, rights or other property paid per share of Common Stock in such dividend or distribution; and (B) the denominator of which shall be the Fair Market Value per share of Common Stock as of the last Trading Day before the Ex-Dividend Date; and (ii) The number of Warrant Shares will be adjusted by multiplying such number by a fraction: (A) the numerator of which shall be the Exercise Price immediately prior to the adjustment pursuant to Section 10(b)(i) and (B) the denominator of which shall be the Exercise Price immediately after such adjustment. If any dividend or distribution of the type described in this Section 10(b) is declared but not so paid or made, the Exercise Price shall again be adjusted to the Exercise Price which would then be in effect if such dividend or distribution had not been declared. Except as set forth in the preceding sentence, in no event shall the Exercise Price be increased or the number of Warrant Shares be decreased pursuant to this Section 10(b).

Cash Dividends and Distributions. If the Company shall, at any time or from time to time, while this Warrant is outstanding, issue shall fix a record date for the payment of a dividend or make the making of a distribution on its with respect to the Common Stock (or Reference Property, to the extent applicable) payable in cash, assets, rights or other property cash (other than shares of its Common Stockan Ordinary Cash Dividend or a dividend or distribution covered by Section 14(A) to all holders of its Common Stock (or Reference Property, to the extent applicableSection 14(C)), then, at the opening of business on Exercise Price to be in effect after the Ex-Dividend Date record date for such dividend or distribution: distribution shall be determined by multiplying (ix) The the Exercise Price will be adjusted in effect immediately prior to such record date by multiplying such Exercise Price by (y) a fraction: (A) , the numerator of which shall be the Fair Market Value per share of Common Stock as of the last Trading Day trading day preceding the first date (the “ex-date”) on which the Common Stock first trades without the right to receive such Ex-Dividend Date dividend or distribution less the Fair Market Value of the cash, assets, rights or other property cash paid per share of Common Stock in such dividend or distribution; , and (B) the denominator of which shall be the Fair Market Value per share of Common Stock as of the last Trading Day trading day before the Exex-Dividend Date; and (ii) The date. Upon any adjustment of the Exercise Price pursuant to this Section 14(B), the total number of shares of Common Stock issuable upon the exercise of the Warrant Shares will shall be adjusted by multiplying such number of shares issuable immediately prior to such adjustment multiplied by a fraction: (A) , the numerator of which shall be the Exercise Price in effect immediately prior to the before such adjustment pursuant to Section 10(b)(i) and (B) the denominator of which shall be the Exercise Price in effect immediately after such adjustment. If any In the case of an adjustment for a cash dividend that is, or is coincident with, a regular quarterly dividend, the “Fair Market Value” of such dividend as paid per share would be reduced by the per share amount of the cash dividend that would constitute an Ordinary Cash Dividend. For avoidance of doubt, the adjustments contemplated by this section can be expressed by formula as follows: Ua = Ub x M Pa = Pb x M-D Where: Ub = shares underlying the Warrant before the adjustment Ua = shares underlying the Warrant after the adjustment Pb = exercise price per share before the adjustment Pa = exercise price per share after the adjustment M = Fair Market Value immediately before ex-date D = Fair Market Value of the dividend or distribution made per share of the type described in this Section 10(b) is declared but not so paid or made, the Exercise Price shall again be adjusted to the Exercise Price which would then be in effect if such dividend or distribution had not been declared. Except as set forth in the preceding sentence, in no event shall the Exercise Price be increased or the number of Warrant Shares be decreased pursuant to this Section 10(b).Common Stock

Cash Dividends and Distributions. If the Company shall, at any time or from time to time, while this Warrant is outstanding, issue shall fix a record date for the payment of a dividend or make the making of a distribution on its with respect to the Common Stock (or Reference Property, to the extent applicable) payable in cash, assets, rights or other property cash (other than shares of its Common Stockan Ordinary Cash Dividend or a dividend or distribution covered by Section 14(A) to all holders of its Common Stock (or Reference Property, to the extent applicableSection 14(C)), then, at the opening of business on Exercise Price to be in effect after the Ex-Dividend Date record date for such dividend or distribution: distribution shall be determined by multiplying (ix) The the Exercise Price will be adjusted in effect immediately prior to such record date by multiplying such Exercise Price by (y) a fraction: (A) , the numerator of which shall be the Fair Market Value per share of Common Stock as of the last Trading Day trading day preceding the first date (the “ex-date”) on which the Common Stock first trades without the right to receive such Ex-Dividend Date dividend or distribution less the Fair Market Value of the cash, assets, rights or other property cash paid per share of Common Stock in such dividend or distribution; , and (B) the denominator of which shall be the Fair Market Value per share of Common Stock as of the last Trading Day trading day before the Exex-Dividend Date; and (ii) The date. Upon any adjustment of the Exercise Price pursuant to this Section 14(B), the total number of shares of Common Stock issuable upon the exercise of the Warrant Shares will shall be adjusted by multiplying such number of shares issuable immediately prior to such adjustment multiplied by a fraction: (A) , the numerator of which shall be the Exercise Price in effect immediately prior to the before such adjustment pursuant to Section 10(b)(i) and (B) the denominator of which shall be the Exercise Price in effect immediately after such adjustment. If any In the case of an adjustment for a cash dividend that is, or is coincident with, a regular quarterly dividend, the “Fair Market Value” of such dividend as paid per share would be reduced by the per share amount of the cash dividend that would constitute an Ordinary Cash Dividend. For avoidance of doubt, the adjustments contemplated by this section can be expressed by formula as follows: Where: Ub = shares underlying the Warrant before the adjustment Ua = shares underlying the Warrant after the adjustment Pb = exercise price per share before the adjustment Pa = exercise price per share after the adjustment M = Fair Market Value immediately before ex-date D = Fair Market Value of the dividend or distribution made per share of the type described in this Section 10(b) is declared but not so paid or made, the Exercise Price shall again be adjusted to the Exercise Price which would then be in effect if such dividend or distribution had not been declared. Except as set forth in the preceding sentence, in no event shall the Exercise Price be increased or the number of Warrant Shares be decreased pursuant to this Section 10(b).Common Stock