Common use of Distributions of Debt, Assets, Subscription Rights or Convertible Securities Clause in Contracts

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 make a distribution to all holders of its Common Shares Preferred Stock of evidences of its indebtedness, or assets, or other distributions (excluding any issuance of Common Shares Preferred Stock 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 shares of Preferred Stock issuable after the such record date for such distribution upon the exercise of each Warrant shall be determined by multiplying the number of Common Shares purchasable shares of Preferred Stock issuable 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 share of Preferred Stock immediately prior to the record date for such distribution and the denominator of which shall be the Current Market Value per Common Share share of Preferred Stock 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 share 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 datePreferred Stock. 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 (i) evidences of its indebtedness, or assets, or other distributions dividends or distributions, or (ii) any options, warrants or other rights to subscribe for or purchase any of the foregoing (excluding (1) any issuance of Common Shares referred to in Section 4.1(a) above and excluding above, (2) distributions in connection with the dissolution, liquidation or winding-winding- up of the Company which shall be governed by Section 4.1(j) and (3) 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 the determination of stockholders entitled to receive such distribution (or the date provided for in Section 4.1(m), if applicable) upon the exercise of each Warrant 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 such date for such distribution and the denominator of which shall be the Current Market Value per Common Share immediately prior to the record such date for such distribution less (a) any cash so distributed per Common Share plus (b) the then fair value (as determined in good faith by the BoardBoard and set forth in a Board resolution delivered to the Warrant Agent and, upon request, to any Holder) of the evidences of its indebtedness, or non-cash assets or other distributions non-cash dividends or distributions, options or subscription or purchase rights so distributed attributable to one Common Share (notwithstanding the foregoing, if the fair value in the above formula equals or exceeds the Current Market Value per Common Share; PROVIDED, HOWEVER, that in lieu of making then the foregoing adjustment the Company may make the same or a like distribution Current Market Value per Common Share shall be equal 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 datefair value). 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 stockholders entitled to receive such distributiondistribution (or the date provided for in Section 4.1(m), if applicable).

Distributions of Debt, Assets, Subscription Rights or Convertible Securities. In case the Company shall make a distribution to all holders of its Common Shares Preferred Stock of evidences of its indebtedness, or assets, or other distributions (excluding any issuance of Common Shares Preferred Stock 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 shares of Preferred Stock issuable after the such record date for such distribution upon the exercise of each Warrant shall be determined by multiplying the number of Common Shares purchasable shares of Preferred Stock issuable upon the exercise of such 24 20 Warrant immediately prior to such record date by a fraction, the numerator of which shall be the Current Market Value per Common Share share of Preferred Stock immediately prior to the record date for such distribution and the denominator of which shall be the Current Market Value per Common Share share of Preferred Stock 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 share 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 datePreferred Stock. 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 Class A Shares of evidences of its indebtedness, or assets, or other distributions (excluding any issuance of Common Class A 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 Class A Shares purchasable after the such record date for such distribution upon the exercise of each Warrant shall be determined by multiplying the number of Common Class A 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 Class A Share immediately prior to the record date for such distribution and the denominator of which shall be the Current Market Value per Common Class A 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 portion of its the assets, evidence of indebtedness, cash dividends or assets distributions or other distributions securities so distributed attributable to one Common Class A 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 event Newco shall make fix a record date for the making of a distribution to all holders of its Common Shares of evidences of its indebtedness, or assets, cash dividends or other distributions (excluding any issuance of Common Shares dividends or distributions referred to in Section 4.1(a) above and excluding distributions in connection with the dissolution, liquidation or winding-winding up of the Company Newco which shall will be governed by Section 4.1(j4.1(j)(ii) and distributions of below) or securities (excluding those referred to in Section 4.1(a), Section 4.1(b) or Section 4.1(c)) above), then, then in each case, case the number of Common Shares purchasable after the such 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 BoardBoard of Directors of Newco) of the evidences portion of its the assets, evidence of indebtedness, cash dividends or assets distributions or other distributions securities so distributed attributable applicable 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 Holdings shall fix a record date for the Company shall make making of a distribution to all holders of its Common Shares Stock of evidences of its indebtedness, or assets, cash dividends or other distributions (excluding any issuance of Common Shares dividends or distributions referred to in Section 4.1(a) above and excluding distributions in connection with the dissolution, liquidation or winding-winding up of the Company Holdings which shall will be governed by Section 4.1(j4.1(h)(B) and distributions of below) or securities (excluding those referred to in Section 4.1(a), Section 4.1(b) or Section 4.1(c)) above), then, then in each case, case the number of shares of Common Shares Stock purchasable after the such record date for such distribution upon the exercise of each Warrant shall be determined by multiplying the number of shares of Common Shares Stock 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 share of Common Share Stock immediately prior to the record date for such distribution and the denominator of which shall be the Current Market Value per share of Common Share Stock immediately prior to the record date for such distribution less the then fair value (as determined in good faith by the BoardBoard of Directors of Holdings) of the evidences portion of its the assets, evidence of indebtedness, cash dividends or assets distributions or other distributions securities so distributed attributable applicable to one share of 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 dateStock. 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.