Common use of Certain Distributions of Rights and Warrants Clause in Contracts

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i) are deemed to be transferred with such shares of Common Stock; (ii) are not exercisable; and (iii) are also issued in respect of future issuances of Common Stock, shall be deemed not to have been distributed for purposes of Article 6 (and no adjustment to the Exercise Price or the Number of Shares under this Article 6 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price and the Number of Shares shall be made under this Article 6 (subject in all respects to Section 6.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.04). (c) In addition, except as set forth in Section 6.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price and the Number of Shares under Article 6 was made (including any adjustment contemplated in Section 6.04), in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price and the Number of Shares shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distribution, equal to the per share redemption or repurchase price received by a holder or holders of Common Stock with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock as of the date of such redemption or repurchase.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock Shares entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock Securities (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i1) are deemed to be transferred with such shares of Common StockShares; (ii2) are not exercisable; and (iii3) are also issued in respect of future issuances of Common StockShares, shall be deemed not to have been distributed for purposes of Article 6 4 (and no adjustment to the Exercise Price or the Number of Shares Warrants under this Article 6 4 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price and the Number of Shares Warrants shall be made under this Article 6 4 (subject in all respects to Section 6.044.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.044.04). (c) In addition, except as set forth in Section 6.044.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a4.03(b)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price and the Number of Shares Warrants under Article 6 4 was made (including any adjustment contemplated in Section 6.04), 4.04): (1) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price and the Number of Shares Warrants shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distributiondistribution under Section 4.01(b), equal to the per share redemption or repurchase price received by a holder or holders of Common Stock Shares with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock Shares as of the date of such redemption or repurchase; and (2) in the case of such rights or warrants that shall have expired or been terminated without exercise by the holders thereof, the Exercise Price and the Number of Warrants shall be readjusted as if such rights and warrants had not been issued or distributed.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock Shares entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock Securities (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i1) are deemed to be transferred with such shares of Common StockShares; (ii2) are not exercisable; and (iii3) are also issued in respect of future issuances of Common StockShares, shall be deemed not to have been distributed for purposes of Article 6 4 (and no adjustment to the Exercise Price or the Number of Shares Warrants under this Article 6 4 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price and the Number of Shares Warrants shall be made under this Article 6 4 (subject in all respects to Section 6.044.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.044.04). (c) In addition, except as set forth in Section 6.044.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a4.03(b)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price and the Number of Shares Warrants under Article 6 4 was made (including any adjustment contemplated in Section 6.04), 4.04): (1) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price and the Number of Shares Warrants shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distributiondistribution under Section 4.01(c), equal to the per share redemption or repurchase price received by a holder or holders of Common Stock Shares with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock Shares as of the date of such redemption or repurchase; and (2) in the case of such rights or warrants that shall have expired or been terminated without exercise by the holders thereof, the Exercise Price and the Number of Warrants shall be readjusted as if such rights and warrants had not been issued or distributed.

Certain Distributions of Rights and Warrants. (ai) Rights or warrants distributed by the Company to all holders of Common Stock entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock securities (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i1) are deemed to be transferred with such shares of Common Stock; (ii2) are not exercisable; and (iii3) are also issued in respect of future issuances of Common Stock, shall be deemed not to have been distributed for purposes of Article 6 this Section 5 (and no adjustment to the Exercise Price or the Aggregate Number of Shares under this Article 6 Section 5 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price and the Aggregate Number of Shares shall be made under this Article 6 Section 5 (subject in all respects to Section 6.045(d) below). (bii) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date record date with respect to new rights or warrants with such rights (subject in all respects to Section 6.045(d) below). (ciii) In addition, except as set forth in Section 6.045(d), in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a)clause (ii) above) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price and the Aggregate Number of Shares under Article 6 this Section 5 was made (including any adjustment contemplated in Section 6.045(d), ): (1) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price and the Aggregate Number of Shares shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distributiondistribution under Section 5(a)(ii), equal to the per share redemption or repurchase price received by a holder or holders of Common Stock with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock as of the date of such redemption or repurchase; and (2) in the case of such rights or warrants that shall have expired or been terminated without exercise by the holders thereof, the Exercise Price and the Aggregate Number shall be readjusted as if such rights and warrants had not been issued or distributed.

Certain Distributions of Rights and Warrants. (ai) Rights or warrants distributed by the Company to all holders of Common Stock entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock securities (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (iA) are deemed to be transferred with such shares of Common Stock; (iiB) are not exercisable; and (iiiC) are also issued in respect of future issuances of Common Stock, shall be deemed not to have been distributed for purposes of Article 6 this Section 5 (and no adjustment to the Exercise Price or the Aggregate Number of Shares under this Article 6 Section 5 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price and the Aggregate Number of Shares shall be made under this Article 6 Section 5 (subject in all respects to Section 6.045(d) below). (bii) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness indebtedness, or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date record date with respect to new rights or warrants with such rights (subject in all respects to Section 6.045(d) below). (ciii) In addition, except as set forth in Section 6.045(d), in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a)clause (ii) above) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price and the Aggregate Number of Shares under Article 6 this Section 5 was made (including any adjustment contemplated in Section 6.045(d), ): (A) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price and the Aggregate Number of Shares shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distributiondistribution under Section 5(a)(ii), equal to the per share redemption or repurchase price received by a holder or holders of Common Stock with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock as of the date of such redemption or repurchase; and (B) in the case of such rights or warrants that shall have expired or been terminated without exercise by the holders thereof, the Exercise Price and the Aggregate Number shall be readjusted as if such rights and warrants had not been issued or distributed.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i1) are deemed to be transferred with such shares of Common Stock; (ii2) are not exercisable; and (iii3) are also issued in respect of future issuances of Common Stock, shall be deemed not to have been distributed for purposes of Article 6 4 (and no adjustment to the Exercise Price or the Number of Shares Warrants under this Article 6 4 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price and the Number of Shares Warrants shall be made under this Article 6 4 (subject in all respects to Section 6.044.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.044.04). (c) In addition, except as set forth in Section 6.044.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a4.03(b)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price and the Number of Shares Warrants under Article 6 4 was made (including any adjustment contemplated in Section 6.04), 4.04): (1) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price and the Number of Shares Warrants shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distributiondistribution under Section 4.01(b), equal to the per share redemption or repurchase price received by a holder or holders of Common Stock with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock as of the date of such redemption or repurchase; and (2) in the case of such rights or warrants that shall have expired or been terminated without exercise by the holders thereof, the Exercise Price and the Number of Warrants shall be readjusted as if such rights and warrants had not been issued or distributed.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock Shares entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock Securities (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i1) are deemed to be transferred with such shares of Common StockShares; (ii2) are not exercisable; and (iii3) are also issued in respect of future issuances of Common StockShares, shall be deemed not to have been distributed for purposes of Article 6 4 (and no adjustment to the Exercise Price Prices or the Number of Shares Warrants under this Article 6 4 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price Prices and the Number of Shares Warrants shall be made under this Article 6 4 (subject in all respects to Section 6.044.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.044.04). (c) In addition, except as set forth in Section 6.044.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a4.03(b)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price Prices and the Number of Shares Warrants under Article 6 4 was made (including any adjustment contemplated in Section 6.04), 4.04): (1) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price Prices and the Number of Shares Warrants shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distributiondistribution under Section 4.01(c), equal to the per share redemption or repurchase price received by a holder or holders of Common Stock Shares with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock Shares as of the date of such redemption or repurchase; and (2) in the case of such rights or warrants that shall have expired or been terminated without exercise by the holders thereof, the Exercise Prices and the Number of Warrants shall be readjusted as if such rights and warrants had not been issued or distributed.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i) are deemed to be transferred with such shares of Common Stock; (ii) are not exercisable; and (iii) are also issued in respect of future issuances of Common Stock, shall be deemed not to have been distributed for purposes of Article 6 4 (and no adjustment to the Exercise Price or the Number of Shares Warrants under this Article 6 4 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price and the Number of Shares Warrants for each Warrant Certificate shall be made under this Article 6 (subject in all respects to Section 6.04)4. (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.04)rights. (c) In addition, except as set forth in Section 6.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a4.03(b)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price and the Number of Shares Warrants for each Warrant Certificate under Article 6 4 was made made: (including any adjustment contemplated in Section 6.04), i) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price and the Number of Shares Warrants for each Warrant Certificate shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash cash distribution, equal to the per share redemption or repurchase price received by a holder or holders of Common Stock with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock as of the date of such redemption or repurchase; and (ii) in the case of such rights or warrants that shall have expired or been terminated without exercise by the holders thereof, the Exercise Price and the Number of Warrants for each Warrant Certificate shall be readjusted as if such rights and warrants had not been issued.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i) are deemed to be transferred with such shares of Common Stock; (ii) are not exercisable; and (iii) are also issued in respect of future issuances of Common Stock, shall be deemed not to have been distributed for purposes of Article 6 5 (and no adjustment to the Exercise Price or the Number of Shares under this Article 6 5 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price and the Number of Shares shall be made under this Article 6 5 (subject in all respects to Section 6.045.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.045.04). (c) In addition, except as set forth in Section 6.045.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a5.03(b)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price and the Number of Shares under Article 6 5 was made (including any adjustment contemplated in Section 6.04), 5.04): (i) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price and the Number of Shares shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distribution, equal to the per share redemption or repurchase price received by a holder or holders of Common Stock with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock as of the date of such redemption or repurchase; and (ii) in the case of such rights or warrants that shall have expired or been terminated without exercise by the holders thereof, the Exercise Price and the Number of Shares shall be readjusted as if such rights and warrants had not been issued.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of New Common Stock entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i1) are deemed to be transferred with such shares of New Common Stock; (ii2) are not exercisable; and (iii3) are also issued in respect of future issuances of New Common Stock, shall be deemed not to have been distributed for purposes of Article 6 4 (and no adjustment to the Exercise Price or the Number of Shares Warrants under this Article 6 4 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price and the Number of Shares Warrants for each Warrant Certificate shall be made under this Article 6 4 (subject in all respects to Section 6.044.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.044.04). (c) In addition, except as set forth in Section 6.044.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a4.03(b)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price and the Number of Shares Warrants for each Warrant Certificate under Article 6 4 was made (including any adjustment contemplated in Section 6.04), 4.04): (1) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price and the Number of Shares Warrants for each Warrant Certificate shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distributiondistribution under Section 4.01(d), equal to the per share redemption or repurchase price received by a holder or holders of New Common Stock with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of New Common Stock as of the date of such redemption or repurchase; and (2) in the case of such rights or warrants that shall have expired or been terminated without exercise by the holders thereof, the Exercise Price and the Number of Warrants for each Warrant Certificate shall be readjusted as if such rights and warrants had not been issued.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i) are deemed to be transferred with such shares of Common Stock; (ii) are not exercisable; and (iii) are also issued in respect of future issuances of Common Stock, shall be deemed not to have been distributed for purposes of Article 6 ARTICLE IV (and no adjustment to the Exercise Price or the Number of Shares under this Article 6 ARTICLE IV will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price and the Number of Shares shall be made under this Article 6 ARTICLE IV (subject in all respects to Section 6.044.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.044.04). (c) In addition, except as set forth in Section 6.044.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a4.03(a)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price and the Number of Shares under Article 6 ARTICLE IV was made (including any adjustment contemplated in Section 6.044.04), in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price and the Number of Shares shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distribution, equal to the per share redemption or repurchase price received by a holder or holders of Common Stock with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock as of the date of such redemption or repurchase.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock Shares entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock Securities (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i1) are deemed to be transferred with such shares of Common Stock;Shares; (ii2) are not exercisable; exercisable; and (iii3) are also issued in respect of future issuances of Common StockShares, shall be deemed not to have been distributed for purposes of Article 6 4 (and no adjustment to the Exercise Price Prices or the Number of Shares Warrants under this Article 6 4 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price Prices and the Number of Shares Warrants shall be made under this Article 6 4 (subject in all respects to Section 6.044.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.044.04). (c) In addition, except as set forth in Section 6.044.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a4.03(b)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price Prices and the Number of Shares Warrants under Article 6 4 was made (including any adjustment contemplated in Section 6.04), 4.04): (1) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price Prices and the Number of Shares Warrants shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distribution, equal to distribution under (2) in the per share redemption or repurchase price received by a holder or holders case of Common Stock with respect to such rights or warrants (assuming such holder had retained that shall have expired or been terminated without exercise by the holders thereof, the Exercise Prices and the Number of Warrants shall be readjusted as if such rights and warrants had not been issued or warrants), made to all holders of Common Stock as of the date of such redemption or repurchasedistributed.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock entitling the holders thereof to subscribe for or purchase shares of the Company’s 's Capital Stock (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “"Trigger Event”"): (i) are deemed to be transferred with such shares of Common Stock; (ii) are not exercisable; and (iii) are also issued in respect of future issuances of Common Stock, shall be deemed not to have been distributed for purposes of Article 6 ARTICLE IV (and no adjustment to the Exercise Price or the Number of Shares under this Article 6 ARTICLE IV will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price and the Number of Shares shall be made under this Article 6 ARTICLE IV (subject in all respects to Section 6.044.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.044.04). (c) In addition, except as set forth in Section 6.044.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a4.03(a)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price and the Number of Shares under Article 6 ARTICLE IV was made (including any adjustment contemplated in Section 6.044.04), in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price and the Number of Shares shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distribution, equal to the per share redemption or repurchase price received by a holder or holders of Common Stock with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock as of the date of such redemption or repurchase.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock Shares entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock Securities (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i1) are deemed to be transferred with such shares of Common StockShares; (ii2) are not exercisable; and (iii3) are also issued in respect of future issuances of Common StockShares, shall be deemed not to have been distributed for purposes of Article 6 5 (and no adjustment to the any Exercise Price or the Number of Shares Warrants under this Article 6 5 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price Prices and the Number of Shares Warrants shall be made under this Article 6 5 (subject in all respects to Section 6.045.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.045.04). (c) In addition, except as set forth in Section 6.045.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a5.03(b)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price Prices and the Number of Shares Warrants under Article 6 5 was made (including any adjustment contemplated in Section 6.04), 5.04): (1) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price Prices and the Number of Shares Warrants shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distributiondistribution under Section 5.01(b), equal to the per share redemption or repurchase price received by a holder or holders of Common Stock Shares with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock Shares as of the date of such redemption or repurchase; and (2) in the case of such rights or warrants that shall have expired or been terminated without exercise by the holders thereof, the Exercise Prices and the Number of Warrants shall be readjusted as if such rights and warrants had not been issued or distributed.

Certain Distributions of Rights and Warrants. (a) Rights or warrants distributed by the Company to all holders of Common Stock Shares entitling the holders thereof to subscribe for or purchase shares of the Company’s Capital Stock Securities (either initially or under certain circumstances), which rights or warrants, until the occurrence of a specified event or events (a “Trigger Event”): (i1) are deemed to be transferred with such shares of Common StockShares; (ii2) are not exercisable; and (iii3) are also issued in respect of future issuances of Common StockShares, shall be deemed not to have been distributed for purposes of Article 6 4 (and no adjustment to the any Exercise Price or the Number of Shares Warrants under this Article 6 4 will be made) until the occurrence of the earliest Trigger Event, whereupon such rights and warrants shall be deemed to have been distributed and an appropriate adjustment (if any is required) to the Exercise Price Prices and the Number of Shares Warrants shall be made under this Article 6 4 (subject in all respects to Section 6.044.04). (b) If any such right or warrant is subject to events, upon the occurrence of which such rights or warrants become exercisable to purchase different securities, evidences of indebtedness or other assets, then the date of the occurrence of any and each such event shall be deemed to be the date of distribution and Record Date with respect to new rights or warrants with such rights (subject in all respects to Section 6.044.04). (c) In addition, except as set forth in Section 6.044.04, in the event of any distribution (or deemed distribution) of rights or warrants, or any Trigger Event or other event (of the type described in Section 6.03(a4.03(b)) with respect thereto that was counted for purposes of calculating a distribution amount for which an adjustment to the Exercise Price Prices and the Number of Shares Warrants under Article 6 4 was made (including any adjustment contemplated in Section 6.04), 4.04): (1) in the case of any such rights or warrants that shall all have been redeemed or repurchased without exercise by the holders thereof, the Exercise Price Prices and the Number of Shares Warrants shall be readjusted upon such final redemption or repurchase to give effect to such distribution or Trigger Event, as the case may be, as though it were a Cash distributiondistribution under Section 4.01(b), equal to the per share redemption or repurchase price received by a holder or holders of Common Stock Shares with respect to such rights or warrants (assuming such holder had retained such rights or warrants), made to all holders of Common Stock Shares as of the date of such redemption or repurchase; and (2) in the case of such rights or warrants that shall have expired or been terminated without exercise by the holders thereof, the Exercise Prices and the Number of Warrants shall be readjusted as if such rights and warrants had not been issued or distributed.