Common use of Distribution of Property Clause in Contracts

Distribution of Property. In the event that the Company shall distribute to all holders of shares of Common Stock (including, without limitation, any such distribution made in connection with a consolidation or merger in which the Company is the continuing corporation) shares of stock (other than Common Stock), evidences of its indebtedness, other assets (excluding (i) any distribution or dividend resulting in a distribution pursuant to Section 3.04 and (ii) dividends referred to in Section 3.01(a)(i) hereof), or rights, options, warrants or convertible or exchangeable securities (excluding those referred to in Section 3.01(c) hereof) then in each case, the Exercise Price to be in effect after the record date in respect of which such stock, indebtedness, other assets, rights, options, warrants or securities were issued shall be determined by multiplying the Exercise Price in effect immediately prior to such record date by a fraction, (y) the numerator of which shall be the Exercise Price in effect immediately prior to such record date minus the then fair value (as determined in good faith and on a reasonable basis by the Board of Directors) of the portion of the shares of stock or assets or evidences of indebtedness so distributed or of such rights, options or warrants, or of such convertible or exchangeable securities applicable to one share of Common Stock and (z) the denominator of which shall be the Exercise Price in effect immediately prior to such record date. Such adjustment shall be made whenever any such distribution is made, and shall become effective on the date of such distribution.

Distribution of Property. In the event that the Company shall distribute to all holders of shares of Common Stock (including, without limitation, any such distribution made in connection with a consolidation or merger in which the Company is the continuing corporation) shares of stock (other than Common Stock), evidences of its indebtedness, other assets (excluding (i) any distribution or dividend resulting in a distribution pursuant to Section 3.04 and (ii) dividends referred to in Section 3.01(a)(i) hereof), or rights, options, warrants or convertible or exchangeable securities (excluding those referred to in Section 3.01(c) hereof) then in each case, the Exercise Price to be in effect after the record date in respect of which such stock, indebtedness, other assets, rights, options, warrants or securities were issued shall be determined by multiplying the Exercise Price in effect immediately prior to such record date by a fraction, (y) the numerator of which shall be the Exercise Trigger Price in effect immediately prior to such record date minus the then fair value (as determined in good faith and on a reasonable basis by the Board of Directors) of the portion of the shares of stock or assets or evidences of indebtedness so distributed or of such rights, options or warrants, or of such convertible or exchangeable securities applicable to one share of Common Stock and (z) the denominator of which shall be the Exercise Trigger Price in effect immediately prior to such record date. Such adjustment shall be made whenever any such distribution is made, and shall become effective on the date of such distribution.

Distribution of Property. In the event that the Company shall distribute to all holders of shares of Common Stock (including, without limitation, any such distribution made in connection with a consolidation or merger in which the Company is the continuing corporation) shares of stock (other than Common Stock), evidences of its indebtedness, other assets (excluding (i) any distribution or dividend resulting in a distribution pursuant to Section 3.04 and (ii) dividends referred to in Section 3.01(a)(i3.01(a)(I) hereof), or rights, options, warrants or convertible or exchangeable securities (excluding those referred to in Section 3.01(c) hereof) then in each case, the Exercise Price to be in effect after the record date in respect of which such stock, indebtedness, other assets, rights, options, warrants or securities were issued shall be determined by multiplying the Exercise Price in effect immediately prior to such record date by a fraction, (y) the numerator of which shall be the Exercise Trigger Price in effect immediately prior to such record date minus the then fair value (as determined in good faith and on a reasonable basis by the Board of Directors) of the portion of the shares of stock or assets or evidences of indebtedness so distributed or of such rights, options or warrants, or of such convertible or exchangeable securities applicable to one share of Common Stock and (z) the denominator of which shall be the Exercise Trigger Price in effect immediately prior to such record date. Such adjustment shall be made whenever any such distribution is made, and shall become effective on the date of such distribution.