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 the holders of its Common Stock or other class of 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 Company capital stock for which the Warrant Number shall have been adjusted pursuant to subsection (a) of this Section 9 or dividends or distributions which have been paid to the Holder pursuant to Section 10) the Warrant Number after such record date shall be determined by multiplying the Warrant 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 good faith by the Board of Directors of the Company and described in a statement mailed by certified mail to each Holder) of the portion of the assets or evidences of indebtedness 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 the holders any holder of its Common Stock or other class of 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 Company capital stock for which the Warrant Number shall have been adjusted pursuant to subsection (a) of this Section 9 or dividends or distributions which have been paid to the Holder pursuant to Section 10) the Warrant Number after such record date shall be determined by multiplying the Warrant 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 good faith by accordance with the Board of Directors of the Company Valuation Procedure and described in a statement mailed by certified mail to each Holder) of the portion of the assets or evidences of indebtedness to be distributed to a holder of one share of Common Stock, and the numerator shall be such Market Price per share of Common StockPrice. 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 or dividend to the all holders of its Common Stock or other class of 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 Company share capital stock for which the number of Warrant Number Shares purchasable hereunder shall have been adjusted pursuant to subsection (a) of this Section 9 7 or regular cash dividends or distributions which have been paid to payable out of earnings or surplus and made in the Holder pursuant to Section 10ordinary course of business) the number of Warrant Number Shares purchasable hereunder after such record date shall be determined by multiplying the number of Warrant Number 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 by faith, reasonable judgment of the Board of Directors of the Company and described in a statement mailed by certified mail to each HolderCompany) of the portion of the assets or evidences of indebtedness 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.