Common use of Cash Dividends and Distributions Clause in Contracts

Cash Dividends and Distributions. In case the Company shall, by dividend or otherwise, pay regular quarterly, semi-annual or annual cash dividends or make any other distributions consisting exclusively of cash to all holders of its Common Stock, excluding any regular cash dividend or distribution on the Common Stock to the extent that the aggregate cash dividend or distribution per share of Common Stock in any fiscal year does not exceed $0.46 (the "Dividend Threshold Amount") (the Dividend Threshold Amount is subject to adjustment on the same basis as the Daily Amounts for any adjustment made pursuant to Section 5.04(a)(i)), then the Fixed Daily Settlement Rates will be adjusted as follows: (A) in the event of a regular dividend to which this Section 5.04(a)(iv) applies, the Fixed Daily Settlement Rates will be adjusted by multiplying them by a fraction, (1) the numerator of which is the Current Market Price of Common Stock, and (2) the denominator of which is the Current Market Price of Common Stock, minus the excess, if any, of the amount per share of such dividend or distribution over the Dividend Threshold Amount; and (B) in the event of a cash dividend or distribution that is not a regular dividend, the Fixed Daily Settlement Rates will be adjusted by multiplying them by a fraction, (1) the numerator of which is the Current Market Price of Common Stock, and (2) the denominator of which is the Current Market Price of Common Stock minus the amount per share of such dividend or distribution. In either case, the adjustment shall be made on the date fixed for the determination of stockholders entitled to receive such dividend or distribution, to be effective at the opening of business on the day following the date fixed for the determination of stockholders entitled to receive such dividend or distribution. In the event that any such dividend or distribution is not so paid or made, each Fixed Daily Settlement Rate shall again be adjusted to be the Fixed Daily Settlement Rates that would then be in effect if such dividend or distribution had not been declared.

Cash Dividends and Distributions. In case If, after the date of this Agreement, the Company shall, by dividend or otherwise, pay regular quarterly, semi-annual or annual cash dividends dividends, or make any other distributions consisting exclusively of cash cash, to all holders of its Common Stock, Stock (excluding any regular annual cash dividend or distribution on the Common Stock to the extent that the aggregate cash dividend or distribution per share of Common Stock in any fiscal year does not exceed $0.46 (the "Dividend Threshold Amount") (the Dividend Threshold Amount is subject to adjustment on the same basis as the Daily Amounts for any adjustment made pursuant to Section 5.04(a)(i)), then the each Fixed Daily Settlement Rates Rate will be adjusted as follows: (A1) in the event of a regular dividend to which this Section 5.04(a)(iv) appliesannual cash dividend, the each Fixed Daily Settlement Rates Rate will be adjusted by multiplying them each Fixed Settlement Rate in effect immediately prior to such adjustment by a fraction, (1A) the numerator of which is the Current Market Price per share of Common StockStock on the record date of such dividend, and (2B) the denominator of which is the such Current Market Price per share of Common Stock, minus the excess, if any, of the cash amount per share of such dividend or distribution over the Dividend Threshold Amount; and (B2) in the event of a cash dividend or distribution that is not a regular annual cash dividend, the each Fixed Daily Settlement Rates will be adjusted by multiplying them each Fixed Settlement Rate in effect immediately prior to such adjustment by a fraction, (1A) the numerator of which is the Current Market Price per share of Common StockStock on the record date of such dividend or distribution, and (2B) the denominator of which is the such Current Market Price per share of Common Stock minus the cash amount per share of such dividend or distribution. In either case, the adjustment shall be made on become effective immediately after the date fixed Ex Date for the determination of stockholders entitled to receive such dividend or distribution, to be effective at the opening of business on the day following the date fixed for the determination of stockholders entitled to receive such dividend or distribution. In the event that any such dividend or distribution is not so paid or made, each Fixed Daily Settlement Rate shall again be adjusted to be the Fixed Daily Settlement Rates that would then be in effect if such dividend or distribution had not been declared. Notwithstanding anything to the contrary in this Section 5.4(a)(iv), in no event shall any adjustment be made, pursuant to this Section 5.4(a)(iv), to any Fixed Settlement Rate to the extent, and only to the extent, such adjustment will cause such Fixed Settlement Rate to be negative or an amount that is greater than a fraction whose numerator is twenty five dollars ($25.00) and whose denominator is the par value per share of Common Stock.