Common use of Dividend Provisions Clause in Contracts

Dividend Provisions. (a) The holders of shares of Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock (collectively, the "Preferred Stock") shall be entitled to receive dividends, out of any assets legally available therefor, prior and in preference to any declaration or payment of any dividend (payable other than in Common Stock or other securities and rights convertible into or entitling the holder thereof to receive, directly or indirectly, additional shares of Common Stock of the Corporation) on the Common Stock of the Corporation, on a pro rata basis and at the rate of $0.0245, $0.08450, $0.3152, $0.668 and $0.668 per share per annum, respectively, on each outstanding share of Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock (adjusted to reflect subsequent stock dividends, stock splits or recapitalizations), payable quarterly when, as and if declared by the Board of Directors. Such dividends shall not be cumulative. (b) The holders of the Preferred Stock shall also be entitled to participate in, out of any assets legally available thereof, payment of any dividend (payable other than in Common Stock or other securities and rights convertible into or entitling the holder thereof to receive, directly or indirectly, additional shares of Common Stock of this Corporation) on the Common Stock of this Corporation, payable as and if such shares of Preferred Stock have converted into Common Stock immediately prior to such dividend, payable when, as and if declared by the Board of Directors on a pro rata basis as the Common Stock. Such dividends shall not be cumulative.

Dividend Provisions. (a) The holders of shares of Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock (collectively, the "Preferred Stock") shall be entitled to receive receive, on a pari passu basis, dividends, out of any assets legally available therefor, prior and in preference to any declaration or payment of any dividend (payable other than in Common Stock or other securities and rights convertible into or entitling the holder thereof to receive, directly or indirectly, additional shares of Common Stock of the Corporation) on the Common Stock of the Corporation, on a pro rata basis and at the rate of (a) $0.0245, $0.08450, $0.3152, $0.668 and $0.668 0.010352 per share (as adjusted for stock splits, stock dividends, reclassification and the like) per annum, respectively, annum on each outstanding share of Series A Preferred Stock, (b) $0.032872 per share (as adjusted for stock splits, stock dividends, reclassification and the like) per annum on each outstanding share of Series B Preferred Stock, (c) $0.099568 per share (as adjusted for stock splits, stock dividends, reclassification and the like) per annum on each outstanding share of Series C Preferred Stock, and (d) $0.269600 per share (as adjusted for stock splits, stock dividends, reclassification and the like) per annum on each outstanding share of Series D Preferred Stock and Series E Preferred Stock (adjusted to reflect subsequent stock dividends, stock splits or recapitalizations), payable quarterly when, as and if declared by the Board of Directors. Such dividends shall not be cumulative. (b) The holders of the Preferred Stock shall also be entitled to participate in, out of any assets legally available thereof, payment of any dividend (payable other than in Common Stock or other securities and rights convertible into or entitling the holder thereof to receive, directly or indirectly, additional shares of Common Stock of this Corporation) on the Common Stock of this Corporation, payable as and if such shares of Preferred Stock have converted into Common Stock immediately prior to such dividendStock, payable when, as and if declared by the Board of Directors on a pro rata basis as of the Common StockCorporation (the “Board of Directors”). Such dividends shall not be cumulative. Any partial payment of dividends will be made among the holders of Series A, Series B, Series C and Series D Preferred Stock in proportion to the full dividend amounts each such holder would otherwise be entitled to receive pursuant to this Section 1. After payment of such dividends, any additional dividends (other than dividends on Common Stock payable solely in Common Stock) shall be distributed among the holders of Series A, Series B, Series C and Series D Preferred Stock and Common Stock pro rata based on the number of shares of Common Stock then held by each holder (assuming conversion of all such Preferred Stock into Common Stock).

Dividend Provisions. (a) The Subject to the rights of series of Preferred Stock which may from time to time come into existence, the holders of shares of Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock (collectively, the "Preferred Stock") shall be entitled to receive dividends, out of any assets legally available therefor, prior and in preference to any declaration or payment of any dividend (payable other than in Common Stock or other securities and rights convertible into or entitling the holder thereof to receive, directly or indirectly, additional shares of Common Stock of the Corporation) on the Common Stock of the Corporation, on a pro rata basis and at the rate of $0.0245, $0.08450, $0.3152, $0.668 and $0.668 0.043 per share per annum, respectively, annum on each outstanding share of Series A Preferred Stock, Series B Preferred Stock(as adjusted for any stock splits, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock (adjusted to reflect subsequent stock dividends, stock splits recapitalizations or recapitalizationsthe like) or, if greater (as determined on a per annum basis and on an as converted basis for the Series A Preferred Stock), an amount equal to that paid on any other outstanding shares of this corporation) payable quarterly when, as and if declared by the Board of Directors. Such dividends shall not be cumulative. (b) The After payment of such dividends, any additional dividends shall be distributed among all holders of the Common Stock and all holders of Series A Preferred Stock shall also be entitled in proportion to participate in, out the number of any assets legally available thereof, payment of any dividend (payable other than in Common Stock or other securities and rights convertible into or entitling the holder thereof to receive, directly or indirectly, additional shares of Common Stock which would be held by each such holder if all shares of this Corporation) on the Series A Preferred Stock were converted to Common Stock of this Corporation, payable as and if such shares of Preferred Stock have converted into Common Stock immediately prior to such dividend, payable when, as and if declared by at the Board of Directors on a pro rata basis as the Common Stock. Such dividends shall not be cumulativethen effective conversion rate.

Dividend Provisions. (a) The holders of outstanding shares of Preferred Stock shall be entitled to receive dividends at the rate of $0.01 per share per annum for the Series A Preferred Stock, $0.03 per share per annum for the Series B Preferred Stock, $0.05 per share per annum for the Series C C-1 Preferred Stock, $0.21 per share per annum for the Series C-2 Preferred Stock, $0.12 per share per annum for the Series C-3 Preferred Stock, $0.04 per share per annum for the Series D Preferred Stock Stock, and $0.063 per share per annum for the Series E Preferred Stock (collectively, the "Preferred Stock") shall be entitled to receive dividends, out of any assets legally available therefor, prior and in preference to any declaration or payment of any dividend (payable other than in Common Stock or other securities and rights convertible into or entitling the holder thereof to receive, directly or indirectly, additional shares of Common Stock of the Corporation) on the Common Stock of the Corporation, on a pro rata basis and at the rate of $0.0245, $0.08450, $0.3152, $0.668 and $0.668 per share per annum, respectively, on each outstanding share of Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock (adjusted to reflect subsequent stock dividends, stock splits or recapitalizations), payable quarterly when, as and if declared by the Board of Directors. Such dividends shall not be cumulative. (b) The holders of the Preferred Stock shall also be entitled to participate in, out of any assets legally available thereof, payment of any dividend (payable other than in Common Stock or other securities and rights convertible into or entitling the holder thereof to receive, directly or indirectly, additional shares of Common Stock of this Corporationcorporation) on the Common Stock of this Corporation, payable as and if such shares of Preferred Stock have converted into Common Stock immediately prior to such dividend, corporation payable when, as and if declared by the Board of Directors on a pro rata basis as (the Common Stock"Board"). Such dividends shall not be cumulative. Declared but unpaid dividends with respect to an outstanding share of Preferred Stock shall, upon conversion of such share to Common Stock, be paid to the extent assets are legally available therefor either in cash or in Common Stock (valued at the fair market value on the date of payment as determined by the Board). Any amounts for which such assets are not legally available shall be paid promptly as assets become legally available therefor. (b) After payment of any such dividends, any additional dividends or distributions shall be distributed among all holders of Common Stock and all holders of Preferred Stock in proportion to the number of shares of Common Stock which would be held by each such holder if all outstanding shares of Preferred Stock were converted to Common Stock at the then effective conversion rate.