Common use of Distribution of Partial Dividend Payments Clause in Contracts

Distribution of Partial Dividend Payments. If at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred Stock, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock based upon the aggregate dividends accrued and payable on such outstanding shares of Series A Preferred Stock held by each such holder.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Genaissance Pharmaceuticals Inc), First Amendment (Genaissance Pharmaceuticals Inc), Agreement and Plan of Merger (Genaissance Pharmaceuticals Inc)

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Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued and accumulated with respect to the Series A Preferred StockShares, such payment shall be distributed made pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate dividends accrued and payable on such outstanding shares Series A Unpaid Dividends in respect of the Series A Preferred Stock Shares held by each such holder.

Appears in 3 contracts

Samples: Master Transaction Agreement (RTI Surgical Holdings, Inc.), Master Transaction Agreement (Rti Surgical, Inc.), Investment Agreement (RTI Biologics, Inc.)

Distribution of Partial Dividend Payments. If Except as otherwise ----------------------------------------- provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred StockC Preferred, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate accrued but unpaid dividends accrued and payable on such outstanding shares of Series A Preferred Stock the Shares held by each such holder.

Appears in 2 contracts

Samples: Employment Agreement (Wiser Oil Co), Stock Purchase Agreement (Wiser Oil Co)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred StockPreferred, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate accrued but unpaid dividends accrued and payable on such outstanding shares of the Series A Preferred Stock held by each such holder.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Xstream Systems Inc), Asset Purchase Agreement (Secured Services Inc)

Distribution of Partial Dividend Payments. If at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred Stock, such payment shall be distributed pro rata ratably among the holders of the outstanding shares of Series A Preferred Stock based upon the aggregate dividends accrued and payable on such outstanding shares number of Series A Preferred Stock Shares held by each such holder.

Appears in 2 contracts

Samples: Merger Agreement (Cic Acquisition Sub Inc), Merger Agreement (Conso International Corp)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A any class or series of Preferred Stock, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock each class or series thereof based upon the aggregate declared but unpaid dividends accrued and payable on such outstanding the shares of Series A Preferred Stock such class or series held by each such holder.

Appears in 2 contracts

Samples: Loan and Security Modification Agreement (Singulex Inc), Loan and Security Modification Agreement (Singulex Inc)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Senior Preferred Stock, such payment shall be distributed pro rata ratably among the holders of the outstanding shares of Series A Senior Preferred Stock based upon the aggregate dividends accrued and payable on such outstanding shares number of Series A Preferred Stock Shares held by each such holder.

Appears in 2 contracts

Samples: Agreement (Osullivan Industries Holdings Inc), Agreement and Plan of Merger (Osullivan Industries Holdings Inc)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred StockB Preferred, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate accrued but unpaid dividends accrued and payable on such outstanding shares of the Series A B Preferred Stock held by each such holder.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Xstream Systems Inc)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred StockC Preferred, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate accrued but unpaid dividends accrued and payable on such outstanding shares of the Series A C Preferred Stock held by each such holder.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Xstream Systems Inc)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the any Series A B Preferred Stock, such payment shall be distributed pro rata ratably among the holders of the outstanding shares of Series A B Preferred Stock based upon the aggregate dividends accrued and payable on such outstanding shares number of Shares of Series A B Preferred Stock held by each such holder.

Appears in 1 contract

Samples: Recapitalization Agreement (Us Franchise Systems Inc/)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation Company pays less than the total amount of dividends then accrued with respect to the Series A Preferred Stockand the Series B Preferred, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock and the Series B Preferred based upon the aggregate dividends accrued and payable on such outstanding shares number of Series A Preferred Stock Shares held by each such holder.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Lechters Inc)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred StockPreferred, then such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate dividends accrued and payable unpaid dividends on such outstanding shares of Series A Preferred Stock Shares held by each such holder.

Appears in 1 contract

Samples: Registration Rights Agreement (Tronox Inc)

Distribution of Partial Dividend Payments. If at any time ----------------------------------------- the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred StockPreferred, such payment shall will be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate dividends accrued rank and payable on such outstanding shares number of Series A Preferred Stock Shares held by each such holder.

Appears in 1 contract

Samples: Agreement (Pinnacle Holdings Inc)

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Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series Class A Preferred StockPreferred, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate Liquidation Value of the Shares (plus all accrued but unpaid dividends accrued and payable on such outstanding shares of Series A Preferred Stock thereon) held by each such holder.

Appears in 1 contract

Samples: Stock Purchase and Contribution Agreement (Komag Inc /De/)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred StockPreferred, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate accrued but unpaid dividends accrued and payable on such outstanding shares of Series A Preferred Stock the Shares held by each such holder.

Appears in 1 contract

Samples: Investment Agreement (Reddy Ice Holdings Inc)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred Stock, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate accrued but unpaid dividends accrued and payable on such outstanding shares of Series the Class A Preferred Stock Shares held by each such holder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Iron Age Holdings Corp)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the any Share of Series A Preferred Stock, such payment shall be distributed pro rata ratably among the holders of the outstanding shares of Series A Preferred Stock based upon the aggregate dividends accrued and payable on such outstanding shares number of Shares of Series A Preferred Stock held by each such holder.

Appears in 1 contract

Samples: Recapitalization Agreement (Us Franchise Systems Inc/)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of unpaid dividends accrued on the Preferred Shares then accrued with respect to the Series A Preferred Stockoutstanding, such payment shall be distributed pro rata ratably among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate amount of accumulated and accrued but unpaid dividends accrued and payable on such outstanding shares of Series A the Preferred Stock Shares held by each such holder.

Appears in 1 contract

Samples: Credit Agreement (Radio One Inc)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Perpetual Preferred StockStock or any Parity Securities, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate accrued but unpaid dividends accrued and payable on such outstanding the shares of Series A Perpetual Preferred Stock or such Parity Securities, as applicable, held by each such holder.

Appears in 1 contract

Samples: Series a Perpetual Preferred Stock Purchase Agreement (Ihop Corp)

Distribution of Partial Dividend Payments. If Except as otherwise provided herein, if at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred StockA-1, such payment shall be distributed pro rata among the holders of the outstanding shares of Series A Preferred Stock thereof based upon the aggregate accrued but unpaid dividends accrued and payable on such outstanding the shares of Series A Preferred Stock held by each such holder.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Williams Controls Inc)

Distribution of Partial Dividend Payments. If at any time the Corporation pays less than the total amount of dividends then accrued with respect to the Series A Preferred StockShares, such payment shall will be distributed pro rata ratably among the holders of the outstanding shares of Series A Preferred Stock Shares based upon the aggregate accrued but unpaid dividends accrued and payable on such outstanding shares of Series A Preferred Stock the Shares held by each such holder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Kaiser Francis Oil Co)

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