Common use of Determination of Shares of Preferred Stock Clause in Contracts

Determination of Shares of Preferred Stock. Any Person (other than the Company, any subsidiary of the Company, any employee benefit plan of the Company or any of its subsidiaries or any Person holding securities of the Company organized, appointed or established by the Company or any of its subsidiaries for or pursuant to the terms of any such plan), alone or together with its Affiliates and Associates shall become an Acquiring Person (except pursuant to a Permitted Offer), then proper provisions shall be made so that each holder of a Right, except as provided in Section 7(e) hereof, shall, for a period of 60 days after the effective date of an appropriate registration statement filed pursuant to Section 9 hereof, have a right to receive, upon exercise thereof at the then current Purchase Price in accordance with the terms of this Agreement, such number of whole or fractional shares of Preferred Stock (or if the Board determines prior to the Distribution Date, such number of shares of Common Stock of the Company in lieu of the Preferred Stock) as shall equal the result obtained by multiplying the then current Purchase Price by the then number of 1/1,000ths of a share of Preferred Stock (or such Common Stock) for which a Right is exercisable immediately prior to the occurrence of such Section 11(a)(ii) event then dividing that product (which, following such first occurrence, shall thereafter be referred to as the Purchase Price for each Right and for all other purposes of this Agreement) by 50 percent of the current market price per one share of Preferred Stock (or Common Stock of the Company, as the case may be) (determined pursuant to Section 11(d)) on the date of the first occurrence of the event set forth in this subparagraph (ii) (such number of shares being referred to as the "Adjustment Shares").

Determination of Shares of Preferred Stock. Any Subject to Section 24 hereof, in the event that any Person (other than the Company, any subsidiary Subsidiary of the Company, any employee benefit plan of the Company or any of its subsidiaries or any Person holding securities of the Company organized, appointed or established by the Company or any of its subsidiaries Subsidiaries for or pursuant to the terms of any such plan), alone or together with its Affiliates and Associates Associates, shall become an Acquiring Person (except pursuant to a Permitted OfferOffer or pursuant to a transaction set forth in Section 13(a) thereof; such an event being referred to herein as a “Section 11(a)(ii) Event”), then proper provisions shall be made so that each holder of a Right, except as provided in Section 7(e) hereof, shall, for a period of 60 days after the effective date of an appropriate registration statement filed pursuant to Section 9 hereof, have a right to receive, upon exercise thereof at the then current Purchase Price in accordance with the terms of this Agreement, such number of whole or fractional shares of Preferred Stock (or if the Board determines prior to the Distribution Date, such number of shares of Common Stock of the Company (or in lieu the discretion of the Board of Directors 1/1000ths of a share of Preferred Stock) as shall equal the result obtained by (x) multiplying the then current Purchase Price by the then number of 1/1,000ths of a share of Preferred Stock (or such Common Stock) for which a Right is exercisable immediately (or, if the Distribution Date shall not have occurred prior to the occurrence date of such Section 11(a)(ii) event then dividing that product (whichEvent, following such first occurrence, shall thereafter be referred to as the Purchase Price for each Right and for all other purposes number of this Agreement) by 50 percent shares of the current market price per one share of Preferred Stock (or Common Stock of the Company, as Company for which a Right would have been exercisable if the case may be) (determined pursuant to Section 11(d)) Distribution Date had occurred on the Business Day immediately preceding the date of such Section 11(a)(ii) Event) immediately prior to the first occurrence of the event set forth in this subparagraph (ii) (such number of shares being referred to as the "Adjustment Shares").such

Determination of Shares of Preferred Stock. Any If any Person (other than the Company, any subsidiary of the Company, any employee benefit plan of the Company or any of its subsidiaries or any Person holding securities of the Company organized, appointed or established by the Company or any of its subsidiaries for or pursuant to the terms of any such plan), alone or together with its Affiliates and Associates Associates, shall become an Acquiring Person (except pursuant to a Permitted Offer), then proper provisions shall be made so that each holder of a Right, except as provided in Section 7(e) hereof, shall, for a period of 60 days after the effective date of an appropriate registration statement filed pursuant to Section 9 hereof, have a right to receive, upon exercise thereof at the then current Purchase Price in accordance with the terms of this Agreement, such number of whole or fractional shares of Preferred Stock (or if the Board determines prior to the Distribution Date, such number of shares of Common Stock of the Company in lieu of the Preferred Stock) as shall equal the result obtained by multiplying the then current Purchase Price by the then number of 1/1,000ths of a share of Preferred Stock (or such Common Stock) for which a Right is exercisable immediately prior to the occurrence of such Section 11(a)(ii) event then dividing that product (which, following such first occurrence, shall thereafter be referred to as the Purchase Price for each Right and for all other purposes of this Agreement) by 50 percent of the current market price per one share of Preferred Stock (or Common Stock of the Company, as the case may be) (determined pursuant to Section 11(d)) on the date of the first occurrence of the event set forth in this subparagraph (ii) (such number of shares being referred to as the "“Adjustment Shares"”).

Determination of Shares of Preferred Stock. Any Person (other than the Company, any subsidiary Subsidiary of the Company, any employee benefit plan of the Company or any of its subsidiaries or any Person holding securities of the Company organized, appointed or established by the Company or any of its subsidiaries for or pursuant to the terms of any such plan), alone or together with its Affiliates and Associates Associates, shall become an Acquiring Person (except pursuant to a Permitted Offer), then proper provisions shall be made so that each holder of a Right, except as provided in Section SECTION 7(e) hereof, shall, for a period of 60 days after the effective date of an appropriate registration statement filed pursuant to Section SECTION 9 hereof, have a right to receive, upon exercise thereof at the then current Purchase Price in accordance with the terms of this Agreement, such number of whole or fractional shares of Preferred Stock (or if the Board determines prior to the Distribution Date, such number of shares of Common Stock of the Company in lieu of the Preferred Stock) as shall equal the result obtained by multiplying the then current Purchase Price by the then number of 1/1,000ths of a share of Preferred Stock (or such Common Stock) for which a Right is exercisable immediately prior to the occurrence of such Section SECTION 11(a)(ii) event then dividing that product (which, following such first occurrence, shall thereafter be referred to as the Purchase Price for each Right and for all other purposes of this Agreement) by 50 percent of the current market price per one share of Preferred Stock (or Common Stock of the Company, as the case may be) (determined pursuant to Section SECTION 11(d)) on the date of the first occurrence of the event set forth in this subparagraph SUBPARAGRAPH (ii) (such number of shares being referred to as the "Adjustment SharesADJUSTMENT SHARES").