Common use of Distributions with Respect to Unsurrendered Shares of Company Common Stock Clause in Contracts

Distributions with Respect to Unsurrendered Shares of Company Common Stock. All Parent Ordinary Shares to be issued pursuant to the Merger shall be deemed issued and outstanding as of the Effective Time and whenever a dividend or other distribution is declared by Parent in respect of the Parent Ordinary Shares, the record date for which is after the Effective Time, that declaration shall include dividends or other distributions in respect of all shares issuable pursuant to this Agreement. No dividends or other distributions in respect of the Parent Ordinary Shares shall be paid to any holder of any unsurrendered Company Common Stock until the Certificate (or affidavit of loss in lieu of the Certificate as provided in Section 3.06) or Book-Entry Share is surrendered for exchange in accordance with this Section 3.02. Subject to the effect of applicable Laws, following such surrender, there shall be issued or paid to the holder of record of the whole Parent Ordinary Shares issued in exchange for Company Common Stock in accordance with this Section 3.02, without interest: (i) at the time of such surrender, the dividends or other distributions with a record date after the Effective Time theretofore payable with respect to such whole Parent Ordinary Shares and not paid; and (ii) at the appropriate payment date, the dividends or other distributions payable with respect to such whole Parent Ordinary Shares with a record date after the Effective Time but with a payment date subsequent to surrender.

Distributions with Respect to Unsurrendered Shares of Company Common Stock. All Parent Ordinary Shares shares of HoldCo Common Stock to be issued pursuant to the Second Merger shall be deemed issued and outstanding as of the Second Effective Time and whenever a dividend or other distribution is declared by Parent HoldCo in respect of the Parent Ordinary SharesHoldCo Common Stock, the record date for which is after the Second Effective Time, that declaration shall include dividends or other distributions in respect of all shares issuable pursuant to this Agreement. No dividends or other distributions in respect of the Parent Ordinary Shares HoldCo Common Stock shall be paid to any holder of any unsurrendered Company Common Stock Share until the Company Stock Certificate (or affidavit of loss in lieu of the Company Stock Certificate as provided in Section 3.062.06) or Company Book-Entry Share is surrendered for exchange in accordance with this Section 3.022.03. Subject to the effect of applicable Laws, following such surrender, there shall be issued or paid to the holder of record of the whole Parent Ordinary Shares shares of HoldCo Common Stock issued in exchange for Company Common Stock Shares in accordance with this Section 3.022.03, without interest: (i) at the time of such surrender, the dividends or other distributions with a record date after the Second Effective Time theretofore payable with respect to such whole Parent Ordinary Shares shares of HoldCo Common Stock and not paid; and (ii) at the appropriate payment date, the dividends or other distributions payable with respect to such whole Parent Ordinary Shares shares of HoldCo Common Stock with a record date after the Second Effective Time but with a payment date subsequent to surrender.

Distributions with Respect to Unsurrendered Shares of Company Common Stock. All shares of Parent Ordinary Shares Common Stock to be issued pursuant to the Merger shall be deemed issued and outstanding as of the Effective Time and whenever a dividend or other distribution is declared by Parent in respect of the Parent Ordinary SharesCommon Stock, the record date for which is after the Effective Time, that declaration shall include dividends or other distributions in respect of all shares issuable pursuant to this Agreement. No dividends or other distributions in respect of the Parent Ordinary Shares Common Stock shall be paid to any holder of any unsurrendered Company Common Stock until the Certificate (or affidavit of loss in lieu of the Certificate as provided in Section 3.062.05) or Book-Entry Share is surrendered for exchange in accordance with this Section 3.022.02. Subject to the effect of applicable Laws, following such surrender, there shall be issued or paid to the holder of record of the whole shares of Parent Ordinary Shares Common Stock issued in exchange for Company Common Stock in accordance with this Section 3.022.02, without interest: (i) at the time of such surrender, the dividends or other distributions with a record date after the Effective Time theretofore payable with respect to such whole shares of Parent Ordinary Shares Common Stock and not paid; and (ii) at the appropriate payment date, the dividends or other distributions payable with respect to such whole shares of Parent Ordinary Shares Common Stock with a record date after the Effective Time but with a payment date subsequent to surrender.

Distributions with Respect to Unsurrendered Shares of Company Common Stock. All shares of Parent Ordinary Shares Common Stock to be issued pursuant to the Merger shall be deemed issued and outstanding as of the Effective Time and whenever a dividend or other distribution is declared by Parent in respect of the Parent Ordinary SharesCommon Stock, the record date for which is after the Effective Time, that declaration shall include dividends or other distributions in respect of all shares issuable pursuant to this Agreement. No dividends or other distributions in respect of the Parent Ordinary Shares Common Stock shall be paid to any holder of any unsurrendered Company Common Stock Share until the Certificate (or affidavit of loss in lieu of the Certificate as provided in Section 3.062.06) or Book-Entry Share is surrendered for exchange in accordance with this Section 3.022.02. Subject to the effect of applicable Laws, following such surrender, there shall be issued or paid to the holder of record of the whole shares of Parent Ordinary Shares Common Stock issued in exchange for Company Common Stock Shares in accordance with this Section 3.022.02, without interest: (i) at the time of such surrender, the dividends or other distributions with a record date after the Effective Time theretofore payable with respect to such whole shares of Parent Ordinary Shares Common Stock and not paid; and (ii) at the appropriate payment date, the dividends or other distributions payable with respect to such whole shares of Parent Ordinary Shares Common Stock with a record date after the Effective Time but with a payment date subsequent to surrender.

Distributions with Respect to Unsurrendered Shares of Company Common Stock. All Parent Ordinary Shares shares of American Resources Common Stock to be issued pursuant to the Merger shall be deemed issued and outstanding as of the Effective Time and whenever a dividend or other distribution is declared by Parent American Resources in respect of the Parent Ordinary SharesAmerican Resources Common Stock, the record date for which is after the Effective Time, that declaration shall include dividends or other distributions in respect of all shares issuable pursuant to this Agreement. No dividends or other distributions in respect of the Parent Ordinary Shares American Resources Common Stock shall be paid to any holder of any unsurrendered Company Common Stock Share until the Certificate (or affidavit of loss in lieu of the Certificate as provided in Section 3.062.06) or Book-Entry Share is surrendered for exchange in accordance with this Section 3.022.02. Subject to the effect of applicable Laws, following such surrender, there shall be issued or paid to the holder of record of the whole Parent Ordinary Shares shares of American Resources Common Stock issued in exchange for Company Common Stock Shares in accordance with this Section 3.022.02, without interest: (i) at the time of such surrender, the dividends or other distributions with a record date after the Effective Time theretofore payable with respect to such whole Parent Ordinary Shares shares of American Resources Common Stock and not paid; and (ii) at the appropriate payment date, the dividends or other distributions payable with respect to such whole Parent Ordinary Shares shares of American Resources Common Stock with a record date after the Effective Time but with a payment date subsequent to surrender.

Distributions with Respect to Unsurrendered Shares of Company Common Stock. All shares of Parent Ordinary Shares Common Stock to be issued pursuant to the Merger shall be deemed issued and outstanding as of the Effective Time and whenever a dividend or other distribution is declared by Parent in respect of the Parent Ordinary SharesCommon Stock, the record date for which is after the Effective Time, that declaration shall include dividends or other distributions in respect of all shares issuable pursuant to this Agreement. No dividends or other distributions in respect of the Parent Ordinary Shares Common Stock shall be paid to any holder of any unsurrendered Company Common Stock Share until the Certificate (or affidavit of loss in lieu of the Certificate as provided in Section 3.062.05) or Book-Entry Share is surrendered for exchange in accordance with this Section 3.022.02. Subject to the effect of applicable Laws, following such surrender, there shall be issued or paid to the holder of record of the whole shares of Parent Ordinary Shares Common Stock issued in exchange for Company Common Stock Shares in accordance with this Section 3.022.02, without interest: (i) at the time of such surrender, the dividends or other distributions distributions, including the Litigation Distributions, with a record date after the Effective Time theretofore payable with respect to such whole shares of Parent Ordinary Shares Common Stock and not paid; and (ii) at the appropriate payment date, the dividends or other distributions distributions, including the Litigation Distributions, payable with respect to such whole shares of Parent Ordinary Shares Common Stock with a record date after the Effective Time but with a payment date subsequent to surrender.