Common use of Distributions Other Than Cash Dividends Out of Retained Earnings Clause in Contracts

Distributions Other Than Cash Dividends Out of Retained Earnings. In case the Corporation shall declare a cash dividend upon its Common Stock payable otherwise than out of retained earnings or shall distribute to holders of its Common Stock shares of its capital stock (other than shares of Common Stock and other than as otherwise adjusted in this Section 4(c)), stock or other securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends out of retained earnings) or options or rights (excluding options to purchase and rights to subscribe for Common Stock or other securities of the Corporation convertible into or exchangeable for Common Stock), then, in each such case, provision shall be made so that the holders of Preferred Stock shall receive upon conversion thereof, in addition to the number of shares of Common Stock receivable thereupon, the amount of securities of the Corporation or such other property which they would have received had their Preferred Stock been converted into Common Stock on the date of such event and had they thereafter, during the period from the date of such event to and including the date of conversion, retained such securities receivable by them as aforesaid during such period, subject to all other adjustments called for during such period under this Section 4 with respect to the rights of the holders of the Preferred Stock.

Distributions Other Than Cash Dividends Out of Retained Earnings. In case If the Corporation Company shall declare a cash dividend upon its Common Stock common stock payable otherwise than out of retained earnings or shall distribute to holders of its Common Stock common stock shares of its capital stock (other than shares of Common Stock common stock and other than as otherwise adjusted would result in an adjustment pursuant to this Section 4(c4(f)), stock or other securities of other persons, evidences of indebtedness issued by the Corporation Company or other persons, assets (excluding cash dividends out of retained earningsdividends) or options or rights (excluding options to purchase and rights to subscribe for Common Stock common stock or other securities of the Corporation Company convertible into or exchangeable for Common Stockcommon stock), then, in each such case, provision shall be made so that the holders of Series A Preferred Stock shall receive upon conversion thereof, in addition to the number of shares of Common Stock common stock receivable thereupon, the amount of securities of the Corporation or such Company and other property which they would have received had their Series A Preferred Stock been converted into Common Stock common stock on the date of such event and had they thereafter, during the period from the date of such event to and including the date of conversion, retained such securities and other property receivable by them as aforesaid during such period, subject to all other adjustments called for during such period under this Section 4 4(f) with respect to the rights of the holders of the Series A Preferred Stock.

Distributions Other Than Cash Dividends Out of Retained Earnings. In case If the Corporation shall declare a cash dividend upon its Common Stock common stock payable otherwise than out of retained earnings or shall distribute to holders of its Common Stock common stock shares of its capital stock (other than shares of Common Stock and other than as otherwise adjusted in this Section 4(c))stock, stock or other securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends out of retained earningsdividends) or options or rights (excluding options to purchase and rights to subscribe for Common Stock common stock or other securities of the Corporation convertible into or exchangeable for Common Stockcommon stock), then, in each such case, provision shall be made so that the holders of Series A Preferred Stock shall receive upon conversion thereof, in addition to the number of shares of Common Stock common stock receivable thereupon, the amount of securities of the Corporation or such and other property which they would have received had their Series A Preferred Stock been converted into Common Stock common stock on the date of such event and had they thereafter, during the period from the date of such event to and including the date of conversion, retained such securities and other property receivable by them as aforesaid during such period, subject to all other adjustments called for during such period under this Section 4 with respect to the rights of the holders of the Preferred Stock.

Distributions Other Than Cash Dividends Out of Retained Earnings. In case If the Corporation shall declare a cash dividend upon its Common Stock common stock payable otherwise than out of retained earnings or shall distribute to holders of its Common Stock common stock shares of its capital stock (other than shares of Common Stock common stock and other than as otherwise adjusted would result in an adjustment pursuant to this Section 4(c4(f)), stock or other officer securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends out of retained earningsCash dividends) or options or rights (excluding options to purchase and rights to subscribe for Common Stock common stock or other securities of the Corporation convertible into or exchangeable for Common Stockcommon stock), then, in each such case, provision shall be made so that the holders of Series A Preferred Stock shall receive upon conversion thereof, in addition to the number of shares of Common Stock common stock receivable thereupon, the amount of securities of the Corporation or such and other property which they would have received had their Series A Preferred Stock been converted into Common Stock common stock on the date of such event and had they thereafter, during the period from the date of such event to and including the date of conversion, retained such securities and other property receivable by them as aforesaid during such period, subject to all other adjustments called for during such period under this Section 4 4(f) with respect to the rights of the holders of the Series A Preferred Stock.