Certain Dividends and Distributions. If the Issuer, at any time while this Warrant is outstanding, shall:
Certain Dividends and Distributions. If the Company, at any time while any of this Warrant is outstanding, shall:
Certain Dividends and Distributions. If the Company shall pay a ----------------------------------- dividend on, or make any other distribution to the holders of, its outstanding Common Stock in shares of its Common Stock, the Exercise Price shall be adjusted, as of the date the Company shall take a record of the holders of Common Stock for the purpose of receiving such dividend or other distribution (or if no such record is taken, as of the date of such payment or other distribution), to that price determined by multiplying the Exercise Price in effect immediately prior to such record date (or if no such record is taken, immediately prior to such payment or other distribution), by a fraction (i) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (ii) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; provided, that if -------- the foregoing adjustment is made to the Exercise Price as of a record date for such dividend or other distribution and such dividend or distribution is not so paid or made, the Exercise Price shall again be adjusted to be the Exercise Price that would then be in effect if such record date had not been fixed.
Certain Dividends and Distributions. If the Issuer, at any time prior to the Expiration Date, shall:
Certain Dividends and Distributions. The Company shall not make, or fix a record date for the determination of holders of Common Stock or other securities entitled to receive, a dividend or other distribution payable in additional shares of Common Stock, with an effective date within thirty (30) trading days of the Maturity Date.
Certain Dividends and Distributions. If the Company shall declare a dividend or distribution upon the Common Stock payable otherwise than out of earnings or earned surplus and otherwise than in Common Stock, Options or Convertible Securities, the Exercise Price shall be reduced by an amount equal, in the case of a dividend or distribution in cash, to the amount thereof payable per share of the Common Stock or, in the case of any other dividend or distribution, to the Fair Value of such dividend or distribution per share of Common Stock. For purposes of the foregoing, a dividend or distribution other than in cash shall be considered payable out of earnings or earned surplus only to the extent that such earnings or earned surplus are charged an amount equal to the Fair Value of such dividend or distribution. Such reductions shall take effect as of the date on which a record is taken for the purpose of such divided or distribution, or, if a record is not taken, the date as of which the holders of Common Stock of record entitled to such dividend or distribution are to be determined. The adjustment called for by this Subsection 3.5 shall not apply to dividends payable on the preferred stock issuable upon conversion of the Debentures.
Certain Dividends and Distributions. If the Company at any time while the Warrants are outstanding and unexpired shall take a record of the holders of its Common Stock for the purpose of:
Certain Dividends and Distributions. If the Issuer, at any time while this Warrant is outstanding, shall pay a dividend in, or make any other distribution to its stockholders (without consideration therefor) of, shares of Common Stock, the Warrant Price shall be adjusted, as at the 6 date the Issuer shall take a record of the Holders of the Issuer's Capital Stock for the purpose of receiving such dividend or other distribution (or if no such record is taken, as at the date of such payment or other distribution), to that price determined by multiplying the Warrant Price in effect immediately prior to such record date (or if no such record is taken, then immediately prior to such payment or other distribution), by a fraction (1) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such record date (or if no such record date is taken, then immediately prior to such dividend or distribution), and (2) the denominator of which shall be such number of shares plus the total number of shares of Common Stock constituting such dividend or distribution.
Certain Dividends and Distributions. If at any time while any ----------------------------------- Warrants are outstanding and unexpired the Company shall:
(i) Pay a dividend payable in its Common Stock, or in rights to acquire (by exercise, conversion or otherwise) its Common Stock, (in each case other than where shares are being issued in lieu of cash), then the number of Warrants shall be adjusted as of the date of such dividend, by multiplying the number of Warrants represented by this Warrant Certificate immediately prior to such date by a fraction (I) the numerator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend and (II) the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend; or
(ii) Authorize a distribution of its assets to the holders of its Common Stock as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law, the Company shall give notice thereof to the holder of this Warrant Certificate at least 30 days prior to the record date for determining entitlement to such distribution; and the holder of this Warrant Certificate shall, upon exercise of the Warrants, be entitled to participate in such distribution, without payment of any additional consideration therefor, according to the number of shares of Common Stock held by such holder after the exercise of the Warrants pro rata with all other holders of the Company's Common Stock.
Certain Dividends and Distributions. In the event that a dividend or other distribution shall be declared upon the Stock of the Company payable in shares of said stock, then, in each event, the number of shares of Stock covered by this Warrant shall be adjusted by adding thereto the number of shares which would have been distributable thereon if such shares had been outstanding on the date fixed for determining the stockholders entitled to receive such stock dividend or other distribution.
