Common use of Certain Other Dividends and Distributions Clause in Contracts

Certain Other Dividends and Distributions. In case at any time or ----------------------------------------- from time to time the Company shall take a record of the holders of its Preferred Stock for the purpose of entitling them to receive any dividend or other distribution of (i) cash (other than a cash distribution made as a dividend payable out of the net earnings or net profits of the Company realized during the year of such distribution or the last preceding year and accumulated net earnings or net profits of the Company from the date hereof to the time of such distribution, computed in accordance with generally accepted accounting principles employed by the Board of Directors of the Company for purposes of financial reports to shareholders of the Company); or (ii) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash); then at least five (5) business days prior to the record date to determine shareholders entitled to receive such dividend or distribution, the Company shall give notice of such proposed dividend or distribution to the Holder for the purpose of enabling the Holder to exercise the same, and thereby participate in such dividend or distribution.

Appears in 3 contracts

Samples: Investment Warrant (Webmd Inc), Warrant Agreement (Webmd Inc), Warrant Agreement (Webmd Inc)

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Certain Other Dividends and Distributions. In case at any time ----------------------------------------- or ----------------------------------------- from time to time the Company shall take a record of the holders of its Preferred Stock for the purpose of entitling them to receive any dividend or other distribution of (i) cash (other than a cash distribution made as a dividend payable out of the net earnings or net profits of the Company realized during the year of such distribution or the last preceding year and accumulated net earnings or net profits of the Company from the date hereof to the time of such distribution, computed in accordance with generally accepted accounting principles employed by the Board of Directors of the Company for purposes of financial reports to shareholders of the Company); or (ii) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash); then at least five (5) business days prior to the record date to determine shareholders entitled to receive such dividend or distribution, the Company shall give notice of such proposed dividend or distribution to the Holder for the purpose of enabling the Holder to exercise the same, and thereby participate in such dividend or distribution.

Appears in 1 contract

Samples: Warrant Agreement (Webmd Inc)

Certain Other Dividends and Distributions. In case at any time or ----------------------------------------- from time to time the Company shall take a record of the holders of its Preferred Series D Stock for the purpose of entitling them to receive any dividend or other distribution of (i) cash (other than a cash distribution made as a dividend payable out of the net earnings or net profits of the Company realized during the year of such distribution or the last preceding year and accumulated net earnings or net profits of the Company from the date hereof to the time of such distribution, computed in accordance with generally accepted accounting principles employed by the Board of Directors of the Company for purposes of financial reports to shareholders of the Company); or (ii) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash); then at least five (5) business days prior to the record date to determine shareholders entitled to receive such dividend or distribution, the Company shall give notice of such proposed dividend or distribution to the Holder for the purpose of enabling the Holder to exercise the same, and thereby participate in such dividend or distribution.

Appears in 1 contract

Samples: Warrant Agreement (Webmd Inc)

Certain Other Dividends and Distributions. In case at any time or ----------------------------------------- from time to time the Company shall take a record of the holders of its Preferred Common Stock for the purpose of entitling them to receive any dividend or other distribution of (i) cash (other than a cash distribution made as a dividend payable out of the net earnings or net profits of the Company realized during the year of such distribution or the last preceding year and accumulated net earnings or net profits of the Company from the date hereof to the time of such distribution, computed in accordance with generally accepted accounting principles employed by the Board of Directors of the Company for purposes of financial reports to shareholders of the Company); , or (ii) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash); then at least five fifteen (515) business days prior to the record date to determine shareholders entitled to receive such dividend or distribution, the Company shall give notice of such proposed dividend or distribution to the Holder for the purpose of enabling the Holder to exercise the same, and thereby participate in such dividend or distribution.proposed

Appears in 1 contract

Samples: Warrant Agreement (Healtheon Webmd Corp)

Certain Other Dividends and Distributions. In case at any time ----------------------------------------- or ----------------------------------------- from time to time the Company shall take a record of the holders of its Preferred Common Stock for the purpose of entitling them to receive any dividend or other distribution of (i) cash (other than a cash distribution made as a dividend payable out of the net earnings or net profits of the Company realized during the year of such distribution or the last preceding year and accumulated net earnings or net profits of the Company from the date hereof to the time of such distribution, computed in accordance with generally accepted accounting principles employed by the Board of Directors of the Company for purposes of financial reports to shareholders of the Company); or (ii) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash); then at least five (5) business days prior to the record date to determine shareholders entitled to receive such dividend or distribution, the Company shall give notice of such proposed dividend or distribution to the Holder for the purpose of enabling the Holder to exercise the same, and thereby participate in such dividend or distribution.

Appears in 1 contract

Samples: Warrant Agreement (Webmd Inc)

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Certain Other Dividends and Distributions. In case at any time or ----------------------------------------- from time to time the Company shall take a record of the holders of its Preferred Common Stock for the purpose of entitling them to receive any dividend or other distribution ofentitling (i) cash (other than a cash distribution made as a dividend payable out of the net earnings or net profits of the Company realized during the year of such distribution or the last preceding year and accumulated net earnings or net profits of the Company from the date hereof to the time of such distribution, computed in accordance with generally accepted accounting principles employed by the Board of Directors of the Company for purposes of financial reports to shareholders of the Company); or or (ii) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash); then at least five (5) business days prior to the record date to determine shareholders entitled to receive such dividend or distribution, the Company shall give notice of such proposed dividend or distribution to the Holder for the purpose of enabling the Holder to exercise the same, and thereby participate in such dividend or distribution.

Appears in 1 contract

Samples: Warrant Agreement (Healtheon Webmd Corp)

Certain Other Dividends and Distributions. In case at any time or ----------------------------------------- from time to time the Company shall take a record of the holders of its Preferred Common Stock for the purpose of entitling them to receive any dividend or other distribution of : (i) cash (other than a cash distribution made as a dividend payable out of the net earnings or net profits of the Company realized during the year of such distribution or the last preceding year and accumulated net earnings or net profits of the Company from the date hereof to the time of such distribution, computed in accordance with generally accepted accounting principles employed by the Board of Directors of the Company for purposes of financial reports to shareholders of the Company); or or (ii) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash); then at least five (5) business days prior to the record date to determine shareholders entitled to receive such dividend or distribution, the Company shall give notice of such proposed dividend or distribution to the Holder for the purpose of enabling the Holder to exercise the same, and thereby participate in such dividend or distribution.

Appears in 1 contract

Samples: Warrant Agreement (Healtheon Webmd Corp)

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