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 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 fix a record date for the making of a distribution to all holders of shares of the Borrower Company 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 Company 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 Company 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 fix a record date for the making of a distribution to all holders of shares of the Borrower its 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(aSections 7(a) and 7(b)) (any such evidences of indebtedness, assets, or securities being referred to in this Section 6(b7(c) 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 income earned 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 Clause (B), the provisions of this Section 6(b7(c) 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 fix a record date for the making of a distribution to all holders of shares of the Borrower its Common Stock of evidences of indebtedness of the Company, assets (other than cash dividends payable out of retained earnings and profits arising after the date hereof) or securities (excluding those referred to in Section 6(aSections 8.1(a) and 8.1(b)) (any such evidences of indebtedness, assets, or securities being referred to in this Section 6(b) as the "assets or securities", the assets or securities), then in each case the HolderHolders, upon the exercise of this Warrantthe Warrants, shall be entitled to receive in addition to the shares of Borrower Common Stock issuable upon (in the event of an exercise of this Warrantthe Warrants), (i) the assets or securities to which the such Holder would have been entitled as a holder of Borrower Common Stock if the such Holder had exercised this Warrant his Warrants immediately prior to the record date for such distribution and (ii) any interest or distributions income earned on the assets or securities distributed from the distribution date to the date of exerciseexercise less the Exercise Price then in effect. At the time of any such distribution, the Company shall either (A) deposit the assets or securities payable to the Holder Holders pursuant hereto in trust for the Holder Holders with an “eligible institution (as hereinafter defined) institution” 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 Holders or (B) distribute to the Holder Holders the assets or securities to which it they would be entitled upon exercise and, upon any such distribution pursuant to this clause Clause (B), the provisions of this Section 6(b8.1(c) shall no longer apply to such event. Such election shall be made by the Company by giving written notice thereof to the HolderHolders.