Common use of Dividends, Distributions and Purchases Clause in Contracts

Dividends, Distributions and Purchases. (a) If the Issuer shall pay or distribute during any calendar quarter any cash dividend to holders of its Common Stock in excess of 0.75% of the market price of its Common Stock immediately prior to the declaration of such dividend, then (at the sole option of the Holder) either (i) the per share Exercise Price shall be adjusted downward by the per share amount of such dividend or (ii) the number of shares of Warrant Stock comprising a Stock Unit shall be adjusted to be that number determined by multiplying the number of shares of Warrant Stock comprising a Stock Unit immediately prior to the payment of such dividend by a fraction (A) the numerator of which shall be equal to the per share Exercise Price immediately prior to the payment of such dividend and (B) the denominator of which shall be equal to the per share Exercise Price as determined in clause (i) of this Section 6.01(a); (b) If at any time the Issuer shall pay any dividend or make any other distribution to holders of its Common Stock of any evidence of indebtedness or other property of any nature whatsoever (other than as provided in Sections 6.01(a), 6.02, 6.03(i)(A) and 6.04(i)(A) hereof), the Issuer shall at the same time pay or distribute to each Holder of Warrants that are by their terms then exercisable (whether or not such Holder exercises such Warrants) the evidence of indebtedness or other property such Holder would have been entitled to receive if such Holder had exercised such Warrants immediately prior to the record date for such dividend or distribution; and (c) If at any time the Issuer shall propose to purchase or redeem any shares of its Common Stock owned by any of its Affiliates for cash, evidence of indebtedness or other property of any nature whatsoever, the Issuer shall deliver to each Holder of Warrants that are by their terms then exercisable or shares of Warrant Stock a notice of such proposed purchase or redemption, and each such Holder shall, at its option, have the right to require the Issuer to at the same time purchase or redeem Warrants that are by their terms then exercisable and shares of Warrant Stock owned by such Holder, pro-rata based on the number of shares of such other Common Stock to be so purchased or redeemed, on the same terms and conditions as the proposed purchase or redemption of such other Common Stock and for the same consideration per Warrant or share of Warrant Stock, as the case may be, as is paid to the holders of such other Common Stock for each share of Common Stock so redeemed or purchased, minus, in the case of Warrants, the exercise price of the Warrants to be so purchased or redeemed.

Dividends, Distributions and Purchases. (a) If the Issuer shall pay or distribute during any calendar quarter any cash dividend to holders of its Common Stock in excess of 0.75% of the market price of its Common Stock immediately prior to the declaration of such dividend, then (at the sole option of the Holder) either (i) the per share Exercise Price shall be adjusted downward by the per share amount of such dividend or (ii) the number of shares of Warrant Stock comprising a Stock Unit shall be adjusted to be that number determined by multiplying the number of shares of Warrant Stock comprising a Stock Unit immediately prior to the payment of such dividend by a fraction (A) the numerator of which shall be equal to the per share Exercise Price immediately prior to the payment of such dividend and (B) the denominator of which shall be equal to the per share Exercise Price as determined in clause (i) of this Section 6.01(a); (b) If at any time the Issuer shall pay any dividend or make any other distribution to holders of its Common Stock of any cash, evidence of indebtedness or other property of any nature whatsoever (other than as provided in Sections 6.01(asubsections (b), 6.02, 6.03(i)(A(c)(i)(A) and 6.04(i)(A(d)(i)(A) hereof), the Issuer shall at the same time pay or distribute to each Holder holder of Warrants that are by their terms then exercisable (whether or not such Holder holder exercises such Warrants) the cash, evidence of indebtedness or other property such Holder holder would have been entitled to receive if such Holder holder had exercised such Warrants immediately prior to the record date for such dividend or distribution; and; (cii) If at any time the Issuer shall propose to purchase or redeem any shares of its Common Stock owned (other than shares of Class B or Class C Common Stock validly repurchased or redeemed, solely as permitted by the terms of the Senior Secured Note Indenture, pursuant to any of its Affiliates management equity subscription, stockholders or stock option agreement) for cash, evidence of indebtedness or other property of any nature whatsoever, the Issuer shall deliver to each Holder holder of Warrants that which are by their terms then exercisable or for shares of Warrant Stock a notice of such proposed purchase or redemption, and each such Holder holder shall, at its option, have the right to require the Issuer to at the same time purchase or redeem Warrants that are by their terms then exercisable and shares of Warrant Stock owned by such Holderholder, pro-rata based on in the same proportion as the number of shares of such other Common Stock to be so purchased or redeemedredeemed bears to the total number of shares of Common Stock outstanding at such time, on the same terms and conditions as the proposed purchase or redemption of such other Common Stock and for the same consideration per Warrant or share of Warrant Stock, as the case may be, as is paid to the holders of such other Common Stock for each share of Common Stock so redeemed or purchased, minus, in the case of Warrants, the exercise price of the Warrants to be so purchased or redeemed.

Dividends, Distributions and Purchases. (a) If the Issuer shall pay or distribute during any calendar quarter any cash dividend to holders of its Common Stock in excess of 0.75% of the market price of its Common Stock immediately prior to the declaration of such dividend, then (at the sole option of the Holder) either (i) the per share Exercise Price shall be adjusted downward by the per share amount of such dividend or (ii) the number of shares of Warrant Stock comprising a Stock Unit shall be adjusted to be that number determined by multiplying the number of shares of Warrant Stock comprising a Stock Unit immediately prior to the payment of such dividend by a fraction (A) the numerator of which shall be equal to the per share Exercise Price immediately prior to the payment of such dividend and (B) the denominator of which shall be equal to the per share Exercise Price as determined in clause (i) of this Section 6.01(a); (b) If at any time the Issuer shall pay any dividend or make any other distribution to holders of its Common Stock of any cash, evidence of indebtedness or other property of any nature whatsoever (other than as provided in Sections 6.01(asubsections (b), 6.02, 6.03(i)(A(c)(i)(A) and 6.04(i)(A(d)(i)(A) hereof), the Issuer shall at the same time pay or distribute to each Holder holder of Warrants that are by their terms then exercisable (whether or not such Holder holder exercises such Warrants) the cash, evidence of indebtedness or other property such Holder holder would have been entitled to receive if such Holder holder had exercised such Warrants immediately prior to the record date for such dividend or distribution; and. (cii) If at any time the Issuer shall propose to purchase or redeem any shares of its Common Stock owned (other than shares of Class B or Class C Common Stock validly repurchased or redeemed, solely as permitted by the terms of the Senior Secured Note Indenture (as defined in the Amended and Restated Certificate of Incorporation), pursuant to any of its Affiliates management equity subscription, stockholders or stock option agreement) for cash, evidence of indebtedness or other property of any nature whatsoever, the Issuer shall deliver to each Holder holder of Warrants that which are by their terms then exercisable or for shares of Warrant Stock a notice of such proposed purchase or redemption, and each such Holder holder shall, at its option, have the right to require the Issuer to at the same time purchase or redeem Warrants that are by their terms then exercisable and shares of Warrant Stock owned by such Holderholder, pro-rata based on in the same proportion as the number of shares of such other Common Stock to be so purchased or redeemedredeemed bears to the total number of shares of Common Stock outstanding at such time, on the same terms and conditions as the proposed purchase or redemption of such other Common Stock and for the same consideration per Warrant or share of Warrant Stock, as the case may be, as is paid to the holders of such other Common Stock for each share of Common Stock so redeemed or purchased, minus, in the case of Warrants, the exercise price of the Warrants to be so purchased or redeemed.

Dividends, Distributions and Purchases. (a) If the Issuer shall pay or distribute during any calendar quarter any cash dividend to holders of its Common Stock in excess of 0.750.75 % of the market price of its Common Stock immediately prior to the declaration of such dividend, then (at the sole option of the Holder) either (i) the per share Exercise Price shall be adjusted downward by the per share amount of such dividend or (ii) the number of shares of Warrant Stock comprising a Stock Unit shall be adjusted to be that number determined by multiplying the number of shares of Warrant Stock comprising a Stock Unit immediately prior to the payment of such dividend by a fraction (A) the numerator of which shall be equal to the per share Exercise Price immediately prior to the payment of such dividend and (B) the denominator of which shall be equal to the per share Exercise Price as determined in clause (i) of this Section 6.01(a); (b) If at any time the Issuer shall pay any dividend or make any other distribution to holders of its Common Stock of any evidence of indebtedness or other property of any nature whatsoever (other than as provided in Sections 6.01(a), 6.02, 6.03(i)(A) and 6.04(i)(A) hereof), the Issuer shall at the same time pay or distribute to each the Holder of Warrants the Warrant that are is by their its terms then exercisable (whether or not such the Holder exercises such WarrantsWarrant) the evidence of indebtedness or other property such the Holder would have been entitled to receive if such the Holder had exercised such Warrants the Warrant immediately prior to the record date for such dividend or distribution; and (c) If at any time the Issuer shall propose to purchase or redeem any shares of its Common Stock owned by any of its Affiliates for cash, evidence of indebtedness or other property of any nature whatsoever, the Issuer shall deliver to each the Holder of Warrants the Warrant that are is by their its terms then exercisable or for shares of Warrant Stock a notice of such proposed purchase or redemption, and each such the Holder shall, at its option, have the right to require the Issuer to at the same time purchase or redeem Warrants the Warrant that are is by their its terms then exercisable and shares of Warrant Stock owned by such the Holder, pro-rata based on the number of shares of such other Common Stock to be so purchased or redeemed, on the same terms and conditions as the proposed purchase or redemption of such other Common Stock and for the same consideration per Warrant or share of Warrant Stock, as the case may be, as is paid to the holders of such other Common Stock for each share of Common Stock so redeemed or purchased, minus, in the case of Warrants, the exercise price of the Warrants Warrant to be so purchased or redeemed.

Dividends, Distributions and Purchases. (a) If the Issuer shall pay or distribute during any calendar quarter any cash dividend to holders of its Common Stock in excess of 0.75% of the market price of its Common Stock immediately prior to the declaration of such dividend, then (at the sole option of the Holder) either (i) the per share Exercise Price shall be adjusted downward by the per share amount of such dividend or (ii) the number of shares of Warrant Stock comprising a Stock Unit shall be adjusted to be that number determined by multiplying the number of shares of Warrant Stock comprising a Stock Unit immediately prior to the payment of such dividend by a fraction (A) the numerator of which shall be equal to the per share Exercise Price immediately prior to the payment of such dividend and (B) the denominator of which shall be equal to the per share Exercise Price as determined in clause (i) of this Section 6.01(a); (b) If at any time the Issuer shall pay any dividend or make any other distribution to holders of its Common Stock of any cash, evidence of indebtedness or other property of any nature whatsoever (other than as provided in Sections 6.01(a), sections 6.02, 6.03(i)(A) and 6.04(i)(A) hereof), the Issuer shall at the same time pay or distribute to each Holder holder of Warrants that which are by their terms then exercisable (whether or not such Holder holder exercises such Warrants) the cash, evidence of indebtedness or other property such Holder holder would have been entitled to receive if such Holder holder had exercised such Warrants immediately prior to the record date for such dividend or distribution; and. (cb) If at any time the Issuer shall propose to purchase or redeem any shares of its Common Stock owned by any of its Affiliates for cash, evidence of indebtedness or other property of any nature whatsoever, the Issuer shall deliver to each Holder holder of Warrants that which are by their terms then exercisable or shares of Warrant Stock a notice of such proposed purchase or redemption, and each such Holder holder shall, at its option, have the right to require the Issuer to at the same time purchase or redeem Warrants that which are by their terms then them exercisable and shares of Warrant Stock owned by such Holderholder, pro-rata based on the number of shares of such other Common Stock to be so purchased or redeemed, on the same terms and conditions as the proposed purchase or redemption of such other Common Stock and for the same consideration per Warrant or share of Warrant Stock, as the case may be, as is paid to the holders of such other Common Stock for each share of Common Stock so redeemed or purchased, minus, in the case of Warrants, the exercise price of the Warrants to be so purchased or redeemed. Nothing in this Section 6.01(b) shall prohibit or apply to repurchases of Common Stock from management shareholders in compliance with and pursuant to the terms of the Stockholders Agreement.

Dividends, Distributions and Purchases. (a) If the Issuer shall pay or distribute during any calendar quarter any cash dividend to holders of its Common Stock in excess of 0.75% of the market price of its Common Stock immediately prior to the declaration of such dividend, then (at the sole option of the Holder) either (i) the per share Exercise Price shall be adjusted downward by the per share amount of such dividend or (ii) the number of shares of Warrant Stock comprising a Stock Unit shall be adjusted to be that number determined by multiplying the number of shares of Warrant Stock comprising a Stock Unit immediately prior to the payment of such dividend by a fraction (A) the numerator of which shall be equal to the per share Exercise Price immediately prior to the payment of such dividend and (B) the denominator of which shall be equal to the per share Exercise Price as determined in clause (i) of this Section 6.01(a); (b) If at any time the Issuer shall pay any dividend or make any other distribution to holders of its Common Stock of any cash, evidence of indebtedness or other property of any nature whatsoever (other than as provided in Sections 6.01(asubsections (b), 6.02, 6.03(i)(A(c)(i)(A) and 6.04(i)(A(d)(i)(A) hereof), the Issuer shall at the same time pay or distribute to each Holder holder of Warrants that are by their terms then exercisable (whether or not such Holder holder exercises such Warrants) the cash, evidence of indebtedness or other property such Holder holder would have been entitled to receive if such Holder holder had exercised such Warrants immediately prior to the record date for such dividend or distribution; and; (cii) If at any time the Issuer shall propose to purchase or redeem any shares of its Common Stock owned (other than shares of Class B or Class C Common Stock validly repurchased or redeemed, solely as permitted by the terms of the Senior Secured Note Indenture, pursuant to any of its Affiliates management equity subscription, stockholders or stock option agreement) for cash, evidence of indebtedness or other property of any nature whatsoever, the Issuer shall deliver to each Holder holder of Warrants that which are by their terms then exercisable or for shares of Warrant Stock a notice of such proposed purchase or redemption, and each such Holder holder shall, at its option, have the right to require the Issuer to at the same time purchase or redeem Warrants that are by their terms then exercisable and shares of Warrant Stock owned by such Holderholder, pro-rata based on in the same proportion as the number of shares of such other Common Stock to be so purchased or redeemedredeemed bears to the total number of shares of Common Stock outstanding at such time, on the same terms and conditions as the proposed purchase or redemption of such other Common Stock and for the same consideration per 7 Warrant or share of Warrant Stock, as the case may be, as is paid to the holders of such other Common Stock for each share of Common Stock so redeemed or purchased, minus, in the case of Warrants, the exercise price of the Warrants to be so purchased or redeemed.

Dividends, Distributions and Purchases. (a) If the Issuer shall pay or distribute during any calendar quarter any cash dividend to holders of its Common Stock in excess of 0.75% of the market price of its Common Stock immediately prior to the declaration of such dividend, then (at the sole option of the Holder) either (i) the per share Exercise Price shall be adjusted downward by the per share amount of such dividend or (ii) the number of shares of Warrant Stock comprising a Stock Unit shall be adjusted to be that number determined by multiplying the number of shares of Warrant Stock comprising a Stock Unit immediately prior to the payment of such dividend by a fraction (A) the numerator of which shall be equal to the per share Exercise Price immediately prior to the payment of such dividend and (B) the denominator of which shall be equal to the per share Exercise Price as determined in clause (i) of this Section 6.01(a); (b) If at any time the Issuer shall pay any dividend or make any other distribution to holders of its Common Stock of any cash, evidence of indebtedness or other property of any nature whatsoever (other than as provided in Sections 6.01(asubsections (b), 6.02, 6.03(i)(A(c)(i)(A) and 6.04(i)(A(d)(i)(A) hereof), the Issuer shall at the same time pay or distribute to each Holder holder of Warrants that are by their terms then exercisable (whether or not such Holder holder exercises such Warrants) the cash, evidence of indebtedness or other property such Holder holder would have been entitled to receive if such Holder holder had exercised such Warrants immediately prior to the record date for such dividend or distribution; and; (cii) If at any time the Issuer shall propose to purchase or redeem any shares of its Common Stock owned (other than shares of Class B or Class C Common Stock validly repurchased or redeemed, solely as permitted by the terms of the Senior Secured Note Indenture, pursuant to any of its Affiliates management equity subscription, stockholders or stock option agreement) for cash, evidence of indebtedness or other property of any nature whatsoever, the Issuer shall deliver to each Holder holder of Warrants that which are by their terms then exercisable or for shares of Warrant Stock a notice of such proposed purchase or redemption, and each such Holder holder shall, at its option, have the right to require the Issuer to at the same time purchase or redeem 7 Warrants that are by their terms then exercisable and shares of Warrant Stock owned by such Holderholder, pro-rata based on in the same proportion as the number of shares of such other Common Stock to be so purchased or redeemedredeemed bears to the total number of shares of Common Stock outstanding at such time, on the same terms and conditions as the proposed purchase or redemption of such other Common Stock and for the same consideration per Warrant or share of Warrant Stock, as the case may be, as is paid to the holders of such other Common Stock for each share of Common Stock so redeemed or purchased, minus, in the case of Warrants, the exercise price of the Warrants to be so purchased or redeemed.