Common use of Dividends; Changes in Capital Stock Clause in Contracts

Dividends; Changes in Capital Stock. (i) Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, (ii) split, combine or reclassify any of its capital stock, (iii) issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or (iv) adopt a plan or agreement of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization of Company;

Dividends; Changes in Capital Stock. (i) Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, (ii) or split, combine or reclassify any of its capital stock, (iii) stock or issue or authorize the issuance of any other securities Table of Contents in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, non-employee directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or (iv) adopt a plan or agreement of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization of Companyservice;

Dividends; Changes in Capital Stock. (i) Declare or pay any cash ----------------------------------- dividends on or make any other distributions (whether in cash, stock or property) cash in respect of any of its capital stock, (ii) or split, combine or reclassify any of its capital stock, (iii) stock or issue or authorize the issuance of any preferred stock, or issue or authorize the issuance of other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or (iv) adopt a plan or agreement it, provided, however, that, notwithstanding the foregoing clause, issuances of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization -------- ------- shares of Company;Target

Dividends; Changes in Capital Stock. (i) Declare Other than as contemplated by this Agreement, declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, (ii) or split, combine or reclassify any of its capital stock, (iii) stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock Target Common Stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or (iv) adopt a plan or agreement of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization of Companyit;

Dividends; Changes in Capital Stock. (i) Declare Declare, set aside or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stockshare capital, (ii) or split, combine or reclassify any of its capital stock, (iii) stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stockshare capital, or repurchase or otherwise acquire, directly or indirectly, any shares of its share capital stock except from former employees, non-employee directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or (iv) adopt a plan or agreement of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization of Companyservice;

Dividends; Changes in Capital Stock. (i) Declare or pay any non-cash dividends on or make any other non-cash distributions (whether in cash, stock or property) in respect of any of its the capital stockstock of the Company, (ii) or split, combine or reclassify any of its capital stock, (iii) stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except stock, other than (i) from former employees, non-employee directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or (ivii) adopt a plan or agreement the issuance of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization shares of CompanyCompany Common Stock pursuant to the exercise of Company Options;

Dividends; Changes in Capital Stock. (i) Declare Declare, set aside or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, (ii) or split, combine or reclassify any of its capital stock, (iii) stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase repurchase, redeem, or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or (iv) adopt a plan or agreement of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization of Company;it.

Dividends; Changes in Capital Stock. (i) Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, (ii) split, combine or reclassify any of its capital stock, (iii) stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, non-employee directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it service, or (iv) adopt a or enter into any, “stockholder rights plan” or similar anti-takeover agreement or plan, or adopt any resolution, plan or agreement of complete or partial arrangement for liquidation, dissolution, merger, consolidation, restructuring, recapitalization dissolution or other reorganization of Companywinding-up;

Dividends; Changes in Capital Stock. (i) Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, (ii) or split, combine or reclassify any of its capital stock, (iii) stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, non-employee directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it service, or (iv) adopt a or enter into any “stockholder rights plan” or similar anti-takeover agreement or plan that would interfere with the Merger or agreement the consummation of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or the other reorganization of Companytransactions contemplated by this Agreement;

Dividends; Changes in Capital Stock. (i) Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, (ii) or split, combine or reclassify any of its capital stock, (iii) stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except (i) from former employees, non-employee directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or (ivii) adopt pursuant to rights of first refusal held by the Company in the event of a plan or agreement proposed transfer of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization of CompanyCompany Capital Stock;

Dividends; Changes in Capital Stock. (i) Declare Declare, set aside or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stockshare capital, (ii) or split, combine or reclassify any of its capital stock, (iii) stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stockshare capital, or repurchase or otherwise acquire, directly or indirectly, any shares of its share capital stock except from former employees, non-employee directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or (iv) adopt a plan or agreement of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization of Company;service.

Dividends; Changes in Capital Stock. (i) Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, (ii) or split, combine or reclassify any of its capital stock, (iii) stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, non-employee directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it service, or (iv) amend the Rights Agreement or adopt a or enter into any other “stockholder rights plan” or similar anti-takeover agreement or plan that would interfere with the Merger or agreement the consummation of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or the other reorganization of Companytransactions contemplated by this Agreement;