Common use of Certain Other Distributions Clause in Contracts

Certain Other Distributions. If at any time after the date hereof the Company shall make any dividend, or any other distribution by the Company to the holders of its Common Stock, of any shares of capital stock of the Company, evidences of indebtedness of the Company, cash or other assets (including rights, warrants, convertible securities or other securities [of the Company or any other Person]), other than any dividend or distribution: (i) upon a capital reorganization, reclassification, merger or consolidation to which paragraph 8.(c) applies: or (ii) of any common stock referred to in paragraph 8.(a), then (x) the number of Warrant Shares for which each Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the number of shares of Common Stock for which one Warrant is exercisable immediately prior to such distribution by a fraction (A) the numerator of which shall be the Current Market Price per share of Common Stock at the time of such distribution and (B) the denominator of which shall be the Current Market Price per share of Common Stock minus the amount allocable to one share of Common Stock of the fair value (as determined in good faith by the Board of Directors of the Company) of any and all such evidences of indebtedness, shares of stock, other securities or property so distributed.

Certain Other Distributions. If at any time after the date hereof the Company shall make any dividend, or any other distribution by the Company to the holders of its Common Stock, of any shares of capital stock of the Company, evidences of indebtedness of the Company, cash or other assets (including rights, warrants, convertible securities or other securities [(of the Company or any other Person])), other than any dividend or distribution: distribution (i) upon a capital reorganization, reclassification, merger or consolidation to which paragraph 8.(cSection 8(c) applies: , or (ii) of any common stock referred to in paragraph 8.(aSection 8(a), then (x) the number of Warrant Shares for which each Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the number of shares of Common Stock for which one Warrant is exercisable immediately prior to such distribution by a fraction (A) the numerator of which shall be the Current Market Price per share of Common Stock at the time of such distribution and (B) the denominator of which shall be the Current Market Price per share of Common Stock minus the amount allocable to one share of Common Stock of the fair value (as determined in good faith by the Board of Directors of the Company) of any and all such evidences of indebtedness, shares of stock, other securities or property so distributed.

Certain Other Distributions. If at any time after the date hereof the Company shall make any dividend, or any other distribution by the Company to take a record of the holders of its Common StockStock for the purpose of entitling them to receive any dividend or other distributed of: (a) cash (other than a cash distribution or dividend payable out of earnings or earned surplus legally available for the payment of dividends under the laws of the jurisdiction of incorporation of Company), (b) any evidences of its indebtedness, of any shares of capital its stock of the Company, evidences of indebtedness of the Company, cash or other assets (including rights, warrants, convertible securities or other securities [of the Company or any other Person]securities or property of any nature whatsoever (other than cash, Convertible Securities or Additional Shares of Common Stock), or (c) any warrants or other fights 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 any dividend cash, Convertible Securities or distribution: Additional Shares of Common Stock), then: (i) upon a capital reorganization, reclassification, merger or consolidation to which paragraph 8.(c) applies: or (ii) of any common stock referred to in paragraph 8.(a), then (x) the number of Warrant Shares shares of Common Stock for which each this Warrant is exercisable shall be adjusted to equal the product obtained by multiplying of the number of shares of Common Stock for which one this Warrant is exercisable immediately prior to such distribution adjustment by a fraction fraction; \ (A) the numerator of which shall be the Current Market Price per share of Common Stock at the time date of taking such distribution and record, and (B) the denominator of which shall be the such Current Market Price per share of Common Stock minus the amount allocable to one share of Common Stock of the fair value (as determined in good faith by the Board of Directors of the Company) of any and all such evidences of indebtedness, shares of stock, other securities or property so distributed.of

Certain Other Distributions. If at any time after the date hereof the Company shall make any dividend, or any other distribution by the Company to take a record of the holders of its Common StockStock for the purpose of entitling them to receive any dividend or other distribution of: (a) cash (other than a cash distribution or dividend payable out of earnings or earned surplus legally available for the payment of dividends under the laws of the jurisdiction of incorporation of Company), (b) any evidences of its indebtedness, of any shares of capital its stock of the Company, evidences of indebtedness of the Company, cash or other assets (including rights, warrants, convertible securities or other securities [of the Company or any other Person]securities or property of any nature whatsoever (other than cash, Convertible Securities or Additional 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 any dividend cash, Convertible Securities or distribution: Additional Shares of Common Stock), then: (i) upon a capital reorganization, reclassification, merger or consolidation to which paragraph 8.(c) applies: or (ii) of any common stock referred to in paragraph 8.(a), then (x) the number of Warrant Shares shares of Common Stock for which each this Warrant is exercisable shall be adjusted to equal the product obtained by multiplying of the number of shares of Common Stock for which one this Warrant is exercisable immediately prior to such distribution adjustment by a fraction fraction; (A) the numerator of which shall be the Current Market Price per share of Common Stock at the time date of taking such distribution and record, and (B) the denominator of which shall be the such Current Market Price per share of Common Stock minus the amount allocable to one share of Common Stock of the fair value (as determined in good faith by the Board of Directors of the Company) of any and all such evidences of indebtedness, shares of stock, other securities or property so distributed.of

Certain Other Distributions. If at any time after the date hereof the Company shall make any dividend, or any other distribution by the Company to the holders of its Common Stock, of any shares of capital stock of the Company, evidences of indebtedness of the Company, cash or other assets (including rights, warrants, convertible securities or other securities [(of the Company or any other Person])), other than any dividend or distribution: distribution (i) upon a capital reorganization, reclassification, merger or consolidation to which paragraph Paragraph 8.(c) applies: , or (ii) of any common stock referred to in paragraph Paragraph 8.(a), then (x) the number of Warrant Shares for which each B Unit Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the number of shares of Common Stock for which one B Unit Warrant is exercisable immediately prior to such distribution by a fraction (A) the numerator of which shall be the Current Market Price per share of Common Stock at the time of such distribution and (B) the denominator of which shall be the Current Market Price per share of Common Stock minus the amount allocable to one share of Common Stock of the fair value (as determined in good faith by the Board of Directors of the Company) of any and all such evidences of indebtedness, shares of stock, other securities or property so distributed.

Certain Other Distributions. If at any time after the date hereof the Company shall make any dividend, or any other distribution by the Company to the holders of its Common Stock, of any shares of capital stock of the Company, evidences of indebtedness of the Company, cash or other assets (including rights, warrants, convertible securities or other securities [(of the Company or any other Person])), other than any dividend or distribution: distribution (i) upon a capital reorganization, reclassification, merger or consolidation to which paragraph Paragraph 8.(c) applies: , or (ii) of any common stock referred to in paragraph Paragraph 8.(a), then (x) the number of Warrant Shares for which each Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the number of shares of Common Stock for which one Warrant is exercisable immediately prior to such distribution by a fraction (A) the numerator of which shall be the Current Market Price per share of Common Stock at the time of such distribution and (B) the denominator of which shall be the Current Market Price per share of Common Stock minus the amount allocable to one share of Common Stock of the fair value (as determined in good faith by the Board of Directors of the Company) of any and all such evidences of indebtedness, shares of stock, other securities or property so distributed.

Certain Other Distributions. If at any time after the date hereof the Company shall make any dividend, or any other distribution by the Company to the holders of its Common Stock, of any shares of capital stock of the Company, evidences of indebtedness of the Company, cash or other assets (including rights, warrants, convertible securities or other securities [(of the Company or any other Person])), other than any dividend or distribution: distribution (i) upon a capital reorganization, reclassification, merger or consolidation to which paragraph Paragraph 8.(c) applies: , or (ii) of any common stock referred to in paragraph Paragraph 8.(a), then (x) the number of Warrant Shares for which each Convertible Note Warrant is exercisable shall be adjusted to equal the product obtained by multiplying the number of shares of Common Stock for which one Convertible Note Warrant is exercisable immediately prior to such distribution by a fraction (A) the numerator of which shall be the Current Market Price per share of Common Stock at the time of such distribution and (B) the denominator of which shall be the Current Market Price per share of Common Stock minus the amount allocable to one share of Common Stock of the fair value (as determined in good faith by the Board of Directors of the Company) of any and all such evidences of indebtedness, shares of stock, other securities or property so distributed.