Common use of Declaration of Distribution and Establishment of Distribution Date Clause in Contracts

Declaration of Distribution and Establishment of Distribution Date. The Board of Directors of ESI shall, in its sole discretion and subject to and in accordance with the applicable rules of the OTCBB and provisions of the CBCA, declare the Distribution and establish the Distribution Record Date, the Distribution Date, the date on which ADA-ES Common Shares and any cash in lieu of fractional shares shall be mailed to the ESI Holders and all appropriate procedures in connection with the Distribution to the extent not provided for herein; provided, however, that no such action shall create any obligation on the part of ESI to effect the Distribution or in any way limit ESI's power of termination as set forth in Section 8.10 hereof or alter the consequences of any such termination from those specified in such Section.