Common use of Distribution of Evidences of Indebtedness or Assets Clause in Contracts

Distribution of Evidences of Indebtedness or Assets. If the Company at any time shall fix a record date for the making of a distribution to all holders of its Common Stock (including any such distribution to be made in connection with a consolidation or merger in which the Company is to be the continuing corporation) of evidences of its indebtedness or assets (excluding dividends paid in or distributions of the Company capital stock for which the number of Warrant Shares purchasable hereunder shall have been adjusted pursuant to subsection (a) of this Section 9 or regular cash dividends or distributions payable out of earnings or surplus and made in the ordinary course of business and which have been paid to the Holder pursuant to Section 10(a)) the number of Warrant Shares purchasable hereunder after such record date shall be determined by multiplying the number of Warrant Shares purchasable hereunder immediately prior to such record date by a fraction, of which the denominator shall be the Market Price per share of Common Stock on such record date, less the fair market value (as determined in the reasonable judgment of the Board of Directors of the Company and described in a statement mailed by certified mail to the Holder) of the portion of the assets or evidences of indebtedness so to be distributed to a holder of one share of Common Stock, and the numerator shall be such Market Price per share of Common Stock. Such adjustment shall become effective immediately after such record date. Such adjustment shall be made whenever such a record date is fixed; and in the event that such distribution is not so made, the number of Warrant Shares purchasable hereunder shall again be adjusted to be the number that was in effect immediately prior to such record date.

Distribution of Evidences of Indebtedness or Assets. If the Company at any time shall fix a record date for the making of a distribution to all holders of its Common Stock (including any such distribution to be made in connection with a consolidation or merger in which the Company is to be the continuing corporation) of evidences of its indebtedness or assets (excluding dividends paid in or distributions of the Company capital stock for which the number of Warrant Shares purchasable hereunder shall have been adjusted pursuant to subsection (a) of this Section 9 7 or regular cash dividends or distributions payable out of earnings or surplus and made in the ordinary course of business and which have been paid to the Holder pursuant to Section 10(a)business) the number of Warrant Shares purchasable hereunder after such record date shall be determined by multiplying the number of Warrant Shares purchasable hereunder immediately prior to such record date by a fraction, of which the denominator shall be the Current Market Price per share of Common Stock on such record date, less the fair market value (as determined in the reasonable judgment of the Board of Directors of the Company and described in a statement mailed by certified mail to the Holder) of the portion of the assets or evidences of indebtedness so to be distributed to a holder of one share of Common Stock, and the numerator shall be such Current Market Price per share of Common Stock. Such adjustment shall become effective immediately after such record date. Such adjustment shall be made whenever such a record date is fixed; and in the event that such distribution is not so made, the number of Warrant Shares purchasable hereunder shall again be adjusted to be the number that was in effect immediately prior to such record date.

Distribution of Evidences of Indebtedness or Assets. If the Company at any time shall fix a record date for the making of a distribution to all the holders of its Common Stock or other class of common equity (including any such distribution to be made in connection with a consolidation or merger in which the Company is to be the continuing corporationcorporation or limited liability company) of evidences of its indebtedness or assets (excluding dividends paid in or distributions of the Company capital stock for which the number of Warrant Shares purchasable hereunder Number shall have been adjusted pursuant to subsection (a) of this Section 9 or regular cash dividends or distributions payable out of earnings or surplus and made in the ordinary course of business and which have been paid to the Holder pursuant to Section 10(a)10) the number of Warrant Shares purchasable hereunder Number after such record date shall be determined by multiplying the number of Warrant Shares purchasable hereunder Number immediately prior to such record date by a fraction, of which the denominator shall be the Market Price per share of Common Stock on such record date, less the fair market value (as determined in the reasonable judgment of good faith by the Board of Directors of the Company and described in a statement mailed by certified mail to the each Holder) of the portion of the assets or evidences of indebtedness so to be distributed to a holder of one share of Common Stock, Stock and the numerator shall be such Market Price per share of Common Stock, including the value of such distribution. Such adjustment shall become effective immediately after such record date. Such adjustment shall be made whenever such a record date is fixed; and in the event that such distribution is not so made, the number of Warrant Shares purchasable hereunder shall again be adjusted to be the number that was in effect immediately prior to such record date. It being understood and agreed that the amount of any such distribution payable to any single holder of Warrants or Warrant Shares for which the Warrant Number is adjusted pursuant to the clause (c) shall itself be adjusted so as to give effect to the assumption that the Company has redeemed (whether or not in fact such redemption has or will occur) from the HIG Group a number of shares of Common Stock equal to the number of Warrant Shares outstanding as of the date of such distribution.

Distribution of Evidences of Indebtedness or Assets. If the Company at any time shall fix a record date for the making of a distribution or dividend to all holders of its Common Stock (including any such distribution to be made in connection with a consolidation or merger in which the Company is to be the continuing corporationcompany) of evidences of its indebtedness or assets (excluding dividends paid in or distributions of the Company share capital stock for which the number of Warrant Shares purchasable hereunder shall have been adjusted pursuant to subsection (a) of this Section 9 7 or regular cash dividends or distributions payable out of earnings or surplus and made in the ordinary course of business and which have been paid to the Holder pursuant to Section 10(a)business) the number of Warrant Shares purchasable hereunder after such record date shall be determined by multiplying the number of Warrant Shares purchasable hereunder immediately prior to such record date by a fraction, of which the denominator shall be the Current Market Price per share of Common Stock on such record date, less the fair market value (as determined in the good faith, reasonable judgment of the Board of Directors of the Company and described in a statement mailed by certified mail to the HolderCompany) of the portion of the assets or evidences of indebtedness so to be distributed to a holder in respect of one share of Common Stock, and the numerator shall be such Current Market Price per share of Common Stock. Such adjustment shall become effective immediately after such record date. Such adjustment shall be made whenever such a record date is fixed; and in the event that such distribution is not so made, the number of Warrant Shares purchasable hereunder shall again be adjusted to be the number that was in effect immediately prior to such record date.distribution

Distribution of Evidences of Indebtedness or Assets. If the Company Holdings at any time shall fix a record date for the making of a distribution to all holders of its Common Stock (including any such distribution to be made in connection with a consolidation or merger in which the Company Holdings is to be the continuing corporation) of evidences of its indebtedness or assets (excluding dividends paid in or distributions of the Company Holdings capital stock for which the number of Warrant Shares purchasable hereunder shall have been adjusted pursuant to subsection (a) of this Section 9 7 or regular cash dividends or distributions payable out of earnings or surplus and made in the ordinary course of business and which have been paid to the Holder pursuant to Section 10(a)business) the number of Warrant Shares purchasable hereunder after such record date shall be determined by multiplying the number of Warrant Shares purchasable hereunder immediately prior to such record date by a fraction, of which the denominator shall be the Current Market Price per share of Common Stock on such record date, less the fair market value (as determined in the reasonable judgment of the Board of Directors of the Company Holdings and described in a statement mailed by certified mail to the Holder) of the portion of the assets or evidences of indebtedness so to be distributed to a holder of one share of Common Stock, and the numerator shall be such Current Market Price per share of Common Stock. Such adjustment shall become effective immediately after such record date. Such adjustment shall be made whenever such a record date is fixed; and in the event that such distribution is not so made, the number of Warrant Shares purchasable hereunder shall again be adjusted to be the number that was in effect immediately prior to such record date.

Distribution of Evidences of Indebtedness or Assets. If the Company at any time shall fix a record date for the making of a distribution to all holders of its Common Stock (including any such distribution to be made in connection with a consolidation or merger in which the Company is to be the continuing corporation) of evidences of its indebtedness or assets (excluding dividends paid in or distributions of the Company Company's capital stock for which the number of Warrant Shares purchasable hereunder shall have been adjusted pursuant to subsection (a) of this Section 9 7 or regular cash dividends or distributions payable out of earnings or surplus and made in the ordinary course of business and which have been paid to the Holder pursuant to Section 10(a)business) the number of Warrant Shares purchasable hereunder after such record date shall be determined by multiplying the number of Warrant Shares purchasable hereunder immediately prior to such record date by a fraction, of which the denominator shall be the Current Market Price per share of Common Stock on such record date, less the fair market value (as determined in the reasonable judgment of the Board of Directors of the Company and described in a statement mailed by certified mail to the Holder) of the portion of the assets or evidences of indebtedness so to be distributed to a holder of one share of Common Stock, and the numerator shall be such Current Market Price per share of Common Stock. Such adjustment shall become effective immediately after such record date. Such adjustment shall be made whenever such a record date is fixed; and in the event that such distribution is not so made, the number of Warrant Shares purchasable hereunder shall shalt again be adjusted to be the number that was in effect immediately prior to such record date.

Distribution of Evidences of Indebtedness or Assets. If the --------------------------------------------------- Company at any time shall fix a record date for the making of a distribution to all holders of its Common Stock (including any such distribution to be made in connection with a consolidation or merger in which the Company is to be the continuing corporation) of evidences of its indebtedness or assets (excluding dividends paid in or distributions of capital stock of the Company capital stock for which the number of Warrant Shares purchasable hereunder shall have been adjusted pursuant to subsection (a) of this Section 9 7 or regular cash dividends or distributions payable out of earnings or surplus and made in the ordinary course of business and which have been paid to the Holder pursuant to Section 10(abusiness)) , the number of Warrant Shares purchasable hereunder after such record date shall be determined by multiplying the number of Warrant Shares purchasable hereunder immediately prior to such record date by a fraction, (i) the denominator of which the denominator shall be (x) the Current Market Price per share of Common Stock on such record date, date less (y) the fair market value (as determined by an independent nationally recognized investment banking firm experienced in the reasonable judgment valuing evidences of the Board indebtedness or assets of Directors of the Company a similar type and described in a statement mailed by certified mail to the Holder) of the portion of the assets or evidences of indebtedness so to be so distributed to a holder of one share of Common Stock, and (ii) the numerator of which shall be such Current Market Price per share of Common Stock. Such adjustment shall become effective immediately after such record date. Such adjustment shall be made whenever such a record date is fixed; and in the event that such distribution is not so made, the number of Warrant Shares purchasable hereunder shall again be adjusted to be the number that was in effect immediately prior to such record date.