Distributions of Debt, Assets, Subscription Rights or Convertible Securities. In case the Company shall make a distribution to all holders of its Common Shares of evidences of its indebtedness, or assets, or other distributions (excluding any issuance of Common Shares referred to in Section 4.1(a) above and excluding distributions in connection with the dissolution, liquidation or winding-up of the Company which shall be governed by Section 4.1(j) and distributions of securities referred to in Section 4.1(a), Section 4.1(b) or Section 4.1(c)), then, in each case, the number of Common Shares purchasable after the record date for such distribution upon the exercise of each Warrant shall be determined by multiplying the number of Common Shares purchasable upon the exercise of such Warrant immediately prior to such record date by a fraction, the numerator of which shall be the Current Market Value per Common Share immediately prior to the record date for such distribution and the denominator of which shall be the Current Market Value per Common Share immediately prior to the record date for such distribution less the then fair value (as determined in good faith by the Board) of the evidences of its indebtedness, or assets or other distributions so distributed attributable to one Common Share; PROVIDED, HOWEVER, that in lieu of making the foregoing adjustment the Company may make the same or a like distribution to the Holders of the Warrants as if their Warrants had been exercised on the day immediately preceding the record date of such distribution on the terms (subject to any adjustment pursuant to Section 4.1(a) for a prior event) on which such Warrants could have been exercised on such date. Such adjustment shall be made whenever any such distribution is made, and shall become effective on the date of distribution retroactive to the record date for the determination of shareholders entitled to receive such distribution.
Distributions of Debt, Assets, Subscription Rights or Convertible Securities. In case the Company shall fix a record date for the making of a distribution to all holders of shares of the Borrower Common Stock of evidences of indebtedness of the Company, assets (other than cash dividends payable out of retained earnings or securities (excluding those referred to in Section 6(a)) (any such evidences of indebtedness, assets, or securities being referred to in this Section 6(b) as the "assets or securities"), then in each case the Holder, upon the exercise of this Warrant, shall be entitled to receive in addition to the shares of Borrower Common Stock issuable upon exercise of this Warrant, (i) the assets or securities to which the Holder would have been entitled as a holder of Borrower Common Stock if the Holder had exercised this Warrant immediately prior to the record date for such distribution and (ii) any interest or distributions on the assets or securities distributed from the distribution date to the date of exercise. At the time of any such distribution, the Company shall either (A) deposit the assets or securities payable to the Holder pursuant hereto in trust for the Holder with an eligible institution (as hereinafter defined) with instructions as to the investment of such property and any proceeds therefrom so as to protect the value of such property for the Holder or (B) distribute to the Holder the assets or securities to which it would be entitled upon exercise and, upon any such distribution pursuant to this clause (B), the provisions of this Section 6(b) shall no longer apply to such event. Such election shall be made by the Company by giving written notice thereof to the Holder.
Distributions of Debt, Assets, Subscription Rights or Convertible Securities. In case the Company shall make a distribution to all holders of its Common Shares of evidences of its indebtedness, or assets, or other distributions (excluding any issuance of Common Shares referred to in Section 4.1(a) above and excluding distributions in connection with the dissolution, liquidation or winding-up of the Company which shall be governed by Section 4.1(j) and distributions of securities referred to in Section 4.1(a), Section 4.1(b) or Section 4.1(c)), then, in each case, the number of Common Shares purchasable after such record date upon the exercise of each Warrant shall be determined by multiplying the number of Common Shares purchasable upon the exercise of such Warrant immediately prior to such record date by a fraction, the numerator of which shall be the Current Market Value per Common Share immediately prior to the record date for such distribution and the denominator of which shall be the Current Market Value per Common Share immediately prior to the record date for such distribution less the then fair value (as determined in good faith by the Board) of the evidences of its indebtedness, or assets or other distributions so distributed attributable to one Common Share. Such adjustment shall be made whenever any such distribution is made, and shall become effective on the date of distribution retroactive to the record date for the determination of shareholders entitled to receive such distribution.
Distributions of Debt, Assets, Subscription Rights or Convertible Securities. In case the Company shall make a distribution to all holders of its Common Shares of evidences of its indebtedness, or assets, or other distributions (excluding distributions in connection with the dissolution, liquidation or winding-up of the Company which shall be governed by Section 4.1(j) and distributions of securities referred to in Section 4.1(a), Section 4.1(b) or Section 4.1(c)), then, in each case, the number of Common Shares purchasable after such record date upon the exercise of each Warrant shall be determined by multiplying the number of Common Shares purchasable upon the exercise of such Warrant immediately prior to such record date by a fraction, the numerator of which shall be the Current Market Value per Common Share immediately prior to the record date for such distribution and the denominator of which shall be the Current Market Value per Common Share immediately prior to the record date for such distribution less the then fair value (as determined in good faith by the Board) of the evidences of indebtedness, or assets or other distributions so distributed attributable to one Common Share. Such adjustment shall be made whenever any such distribution is made, and shall become effective on the date of distribution retroactive to the record date for the determination of shareholders entitled to receive such distribution.
Distributions of Debt, Assets, Subscription Rights or Convertible Securities. In case the Borrower shall fix a record date for the making of a distribution to all holders of shares of CDnow Common Stock of evidences of its indebtedness, assets, cash dividends or distributions (excluding dividends or distributions referred to in Sections (A)(1) above and excluding distributions in connection with the dissolution, liquidation or winding up of the Borrower) or securities (excluding those referred to in Section (A)(1) above), then, in each case, the number of shares of CDnow Common Stock issuable after such record date for such dividend or distribution upon the conversion of each Note shall be determined by multiplying the number of shares of CDnow Common Stock issuable upon the conversion of such Note immediately prior to such record date by a fraction, the numerator of which shall be the Closing Price per share of CDnow Common Stock immediately prior to the record date for such dividend or distribution and the denominator of which shall be the Closing Price per share of CDnow Common Stock immediately prior to the record date for such distribution less the then fair value (as determined in good faith by the Board of Directors of the Borrower) of the portion of the assets, evidences of indebtedness, cash dividends or distributions or securities so distributed applicable to one share of CDnow Common Stock. An adjustment made pursuant to this Section (A)(2) shall be made whenever any such distribution is made, and shall become effective on the date of distribution retroactive to the record date for the determination of shareholders entitled to receive such distribution.
Distributions of Debt, Assets, Subscription Rights or Convertible Securities. In case Maker shall fix a record date for the making of a distribution to all holders of shares of the Borrower Common Stock of evidences of indebtedness of Maker, assets (other than cash dividends payable out of retained earnings or securities (excluding
Distributions of Debt, Assets, Subscription Rights or Convertible Securities. In case the Company shall fix a record date for the making of a distribution to all holders of shares of its Common Stock of evidences of indebtedness of the Company, assets or securities (excluding cash dividends from current or retained earnings) (any such evidences of indebtedness, assets or securities, herein referred to as the “assets or securities”), then adequate provision shall be made so that the Holder of the Warrant shall have the right to receive, in addition to shares of Common Stock (in the event of an exercise of the Warrant), at the election of the Company, either (A) the assets or securities to which such holder would have been entitled as a holder of Common Stock if such holder had exercised his Warrant immediately prior to the record date for such distribution or (B) the cash equivalent of such assets or securities.
Distributions of Debt, Assets, Subscription Rights or Convertible Securities. In the event Total shall at any time after the date of this Warrant Agreement pay a dividend or make a distribution (other than cash dividends payable in the ordinary course of business in accordance with French Company Law pursuant to a decision of Total ordinary general meeting of shareholders and dividends or distributions referred to in Section 10(a) above) of evidences of indebtedness or assets or subscription rights or warrants (excluding those referred to in Section 10(b) above), the Exercise Price to be in effect after the record date therefor shall be determined by multiplying (i) the Exercise Price in effect immediately prior to such record date by (ii) a fraction of which the numerator shall be the Current Market Price (as defined in Section 10(e)) per share of Total on such record date, less the fair market value (as determined in good faith by the Board of Directors of Total, whose determination shall be described in a statement filed with the Warrant Agent) of such distribution applicable to one Total Share, and of which the denominator shall be such Current Market Price per share of Total. Upon each adjustment of the Exercise Price as a result of the calculations made in this Section 10(c), each Total Warrant outstanding immediately prior to the making of such adjustment shall thereafter evidence the right to purchase, at the adjusted Exercise Price, that number of Total ADSs (calculated to the nearest one-thousandth) obtained by (i) multiplying (x) the number of Total ADSs covered by a Total Warrant immediately prior to such adjustment by (y) the Exercise Price in effect immediately prior to such adjustment of the Exercise Price and (ii) dividing the product so obtained by the Exercise Price in effect immediately after such adjustment of the Exercise Price.
Distributions of Debt, Assets, Subscription Rights or Convertible Securities. In the event PetroFina shall at any time after the date of the Merger Agreement pay a dividend or make a distribution (other than cash dividends payable in the ordinary course of business in accordance with Belgian Corporation Law pursuant to a decision of the Ordinary
Distributions of Debt, Assets, Subscription Rights or Convertible Securities. In case Maker shall fix a record date for the making of a distribution to all holders of shares of the Borrower Common Stock of evidences of indebtedness of Maker, assets (other than cash dividends payable out of retained earnings or securities (excluding those referred to in Sections 1.2.1 and 1.2.2 hereof) (any such evidences of indebtedness, assets, or securities being referred to in this Section 1.2.3 as the "assets or securities"), then in each case Holder, upon the conversion of this Note, shall be entitled to receive in addition to the shares of Borrower Common Stock issuable upon conversion of this Note, (a) the assets or securities to which Holder would have been entitled as a holder of Borrower Common Stock if Holder had converted this Note immediately prior to the record date for such distribution, and (b) any interest or distributions on the assets or securities distributed from the distribution date to the date of exercise. At the time of any such distribution, Maker shall either (x) deposit the assets or securities payable to Holder pursuant hereto in trust for Holder with an eligible institution (as hereinafter defined) with instructions as to the investment of such property and any proceeds therefrom so as
