Common use of Corporation’s Ability to Pay Dividends in Cash or Kind Clause in Contracts

Corporation’s Ability to Pay Dividends in Cash or Kind. On the Original Issue Date, the Corporation shall have notified the Holders whether or not it may legally pay cash dividends as of the Original Issue Date. The Corporation shall promptly notify the Holders at any time the Corporation is authorized to pay dividends under the Corporations Act and shall become able or unable, as the case may be, to legally pay cash dividends. If at any time the Corporation has the ability to legally pay dividends in cash or shares of Common Stock, then, in order to be able to pay dividends in Common Stock, the Corporation must provide the Holders with at least 20 Trading Days’ notice of its election (but only if, at the time of such dividend, the Corporation is permitted to do so pursuant to Section 3.a)) to pay a regularly scheduled dividend in shares of Common Stock (the Corporation may indicate in such notice that the election contained in such notice shall continue for later periods until revised by a subsequent notice). The aggregate number of shares of Common Stock otherwise issuable to the Holder on a Dividend Payment Date shall be reduced by the number of shares of Common Stock previously issued to the Holder in connection with such Dividend Payment Date.

Corporation’s Ability to Pay Dividends in Cash or Kind. On the Original Issue each Closing Date, the Corporation shall have notified the Holders whether or not it may legally pay cash dividends as of the Original Issue each Closing Date. The Corporation shall promptly notify the Holders at any time the Corporation is authorized to pay dividends under the Corporations Act and shall become able or unable, as the case may be, to legally pay cash dividends. If at any time the Corporation has the ability right to legally pay dividends in cash or shares of Common Stock, then, in order to be able to pay dividends in Common Stock, the Corporation must provide the Holders with at least 20 Trading Days’ notice of its election (but only if, at the time of such dividend, the Corporation is permitted to do so pursuant to Section 3.a)) to pay a regularly scheduled dividend in shares of Common Stock (the Corporation may indicate in such notice that the election contained in such notice shall continue for later periods until revised by a subsequent notice). The aggregate number of shares of Common Stock otherwise issuable to the a Holder on a Dividend Payment Date shall be reduced by the number of shares of Common Stock previously issued to the such Holder in connection with such Dividend Payment Date.

Corporation’s Ability to Pay Dividends in Cash or Kind. On the Original Issue Date, the Corporation shall have notified the Holders whether or not it may legally pay cash dividends as of the Original Issue Date. The Corporation shall promptly notify the Holders at any time the Corporation is authorized to pay dividends under the Corporations Act and shall become able or unable, as the case may be, to legally pay cash dividends. If at any time the Corporation has the ability right to legally pay dividends in cash or shares of Common Stock, then, in order to be able to pay dividends in Common Stock, the Corporation must provide the Holders with at least 20 Trading Days’ notice of its election (but only if, at the time of such dividend, the Corporation is permitted to do so pursuant to Section 3.a)) to pay a regularly scheduled dividend in shares of Common Stock (the Corporation may indicate in such notice that the election contained in such notice shall continue for later periods until revised by a subsequent notice). If at any time the Corporation delivers a notice to the Holders of its election to pay the dividends in shares of Common Stock after the Registration Statement has been declared effective by the Commission, the Corporation shall timely file a prospectus supplement pursuant to Rule 424 disclosing such election. The aggregate number of shares of Common Stock otherwise issuable to the a Holder on a Dividend Payment Date shall be reduced by the number of shares of Common Stock previously issued to the such Holder in connection with such Dividend Payment Date.

Corporation’s Ability to Pay Dividends in Cash or Kind. On the Original Issue Closing Date, the Corporation shall have notified the Holders whether or not it may legally pay cash dividends as of the Original Issue Closing Date. The Corporation shall promptly notify the Holders at any time the Corporation is authorized to pay dividends under the Corporations Act and shall become able or unable, as the case may be, to legally pay cash dividends. If at any time the Corporation has the ability right to legally pay dividends in cash or shares of Common Stock, then, in order to be able to pay dividends in Common Stock, the Corporation must provide the Holders with at least 20 Trading Days’ notice of its election (but only if, at the time of such dividend, the Corporation is permitted to do so pursuant to Section 3.a)) to pay a regularly scheduled dividend in shares of Common Stock (the Corporation may indicate in such notice that the election contained in such notice shall continue for later periods until revised by a subsequent notice). The aggregate number of shares of Common Stock otherwise issuable to the Holder on a Dividend Payment Date shall be reduced by the number of shares of Common Stock previously issued to the Holder in connection with such Dividend Payment Date.