Certain Other Distributions and Adjustments. (i) If at any time Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of:
(A) cash,
(B) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or
(C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then Xxxxxx, upon exercise of this Warrant, shall be entitled to receive such dividend or distribution as if Holder had exercised this Warrant.
(ii) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by Company to the holders of its Common Stock of such shares of such other class of stock and in such event Holder shall be entitled to receive such distribution as if Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a).
Certain Other Distributions and Adjustments. (i) If at any time the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of:
(A) cash,
(B) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or
(C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then, upon exercise of this Warrant, Holder shall be entitled to receive such dividend or distribution with respect to the amount of Common Stock received on such exercise, and, if such dividend or distribution shall have been securities, any property subsequently distributed with respect thereto. However, in the event that at the time the Company has taken a record of the holders of its Common Stock for the purposes described above: (i) the resale of the shares of Common Stock issuable upon exercise of this Warrant is not registered with the SEC for resale to the public under an effective registration statement; and (ii) the Common Stock issuable upon exercise of this Warrant is not quoted on the OTCBB or a similar electronic quotation system or stock exchange, Holder shall be entitled to receive such dividend or distribution as if Holder had exercised this Warrant.
(ii) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock and in such event, upon exercise of this Warrant, Holder shall be entitled to receive such distribution with respect to the amount of Common Stock received on such exercise, and, if such dividend or distribution shall have been securities, any property subsequently distributed with respect thereto, and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a). However, in the event that at the time the Company ...
Certain Other Distributions and Adjustments. 8 4.4. Other Provisions Applicable to Adjustments under this Section ...............................................8 4.5. Reorganization, Reclassification, Merger, Consolidation or Disposition of Assets ...................................9 4.6. Other Action Affecting Common Shares.......................10 5.
Certain Other Distributions and Adjustments. If at any time Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or other distribution, or shall in any manner declare, order, pay or make a dividend or other distribution (including, without limitation, any distribution of stock or other securities, debt or property or rights or warrants to subscribe for securities of Company or any of its Subsidiaries by way of dividend or spin-off or any other assets) on its Common Stock, other than dividends or distributions of shares of Common Stock which are referred to in Section 4.1, then and in each such case, (a) the number of shares of Warrant Stock for which this Warrant is exercisable shall be adjusted to equal the number of shares of Common Stock which a record holder of the same number of shares of Warrant Stock for which this Warrant is exercisable immediately prior to the occurrence of such event would own or be entitled to receive after the happening of such event, and (b) the Exercise Price to be in effect after such record date shall be determined by multiplying (1) the Exercise Price in effect immediately prior to such record date by (2) a fraction, the numerator of which shall be the Exercise Price in effect immediately prior to such record date less the fair market value (determined as set forth in paragraph 4.5(a)) of such dividend or distribution per share of Common Stock and the denominator of which shall be such the Exercise Price in effect immediately prior to such record date.
Certain Other Distributions and Adjustments. If at any time Company shall declare, order, pay or make a dividend or other distribution on its Common Stock payable in securities of the Company (other than dividends or distributions of shares of Common Stock which are referred to in Section 4.1) or payable in cash or other property (other than cash out of earnings or earned surplus, determined in accordance with generally accepted accounting principles), then and in each such event provision shall be made so that the Registered Holder shall receive upon exercise hereof, in addition to the number of shares of Common Stock issuable hereunder, the kind and amount of securities of the Company and/or cash and other property which the Registered Holder would have been entitled to receive had this Warrant been exercised for Common Stock on the date of such event and had the Registered Holder thereafter, during the period from the date of such event to and including the Exercise Date, retained any such securities receivable, giving application to all adjustments called for during such period under this Section 4.2 with respect to the rights of the Registered Holder.
Certain Other Distributions and Adjustments. 8 4.3. Issuance of Additional Common Shares....................................8 4.4. Issuance of Warrants or Other Rights....................................9
Certain Other Distributions and Adjustments. If at any time the Company shall take a record of the holders of its Common Shares for the purpose of entitling them to receive any dividend or other distribution of:
Certain Other Distributions and Adjustments. 9 4.3. Issuance of Additional Common Shares, Warrants or Other Rights.....................................10 4.4. Organic Change.....................................................................................10 4.5. Other Provisions Applicable to Adjustments Under This Section......................................11 4.6. Other Action Affecting Common Shares...............................................................11 5.
Certain Other Distributions and Adjustments. In case the Company shall at any time or from time to time after the Closing Date declare, order, pay or make a dividend or other distribution (including, without limitation, any distribution of stock or other securities or property or rights or warrants to subscribe for securities of the Company or any of its subsidiaries by way of dividend or spinoff), on its Common Shares, other than dividends or distributions of Common Shares which are referred to in Section 4.1 above and cash dividends paid out of retained earnings, then the Current Warrant Price shall be adjusted so that it shall equal the price determined by multiplying (A) the applicable Current Warrant Price on the day immediately prior to the record date fixed for the determination of stockholders entitled to receive such dividend or distribution by (B) a fraction, the numerator of which shall be the Current Market Price per Common Share on the day immediately prior to such record date less the amount of such dividend or distribution per Common Share, and the denominator of which shall be such Current Market Price per Common Share on the day immediately prior to such record date. No adjustment shall be made pursuant to this Section 4.2) in connection with any transaction to which Section 4.4 applies.
Certain Other Distributions and Adjustments. (A) If at any time the Corporation shall take a record of the holders of its Common Shares for the purpose of entitling them to receive any dividend or other distribution of:
(1) cash,
(2) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash, Convertible Securities or Additional Common Shares), or
(3) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash, Convertible Securities or Additional Common Shares), then, the holders of Series A Preferred Shares shall be entitled to receive such dividend or distribution as if such holder had converted such Series A Preferred Shares into Common Shares.
(B) A reclassification of the Common Shares (other than a change in par value, or from par value to no par value or from no par value to par value) into Common Shares and shares of any other class of stock shall be deemed a distribution by the Corporation to the holders of its Common Shares of such shares of such other class of stock within the meaning of Subsection (c)(ii)(A) above and, if the outstanding Common Shares shall be changed into a larger or smaller number of Common Shares as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding Common Shares within the meaning of Subsection (c)(i) hereof.
