Common use of Dividends in Common Stock Clause in Contracts

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor: 3.2.1 Common Stock or any shares of stock or other securities that are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution; 3.2.2 Any cash paid or payable otherwise than as a cash dividend out of current earnings; or 3.2.3 Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); then in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 and 3.2.3 above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 2 contracts

Samples: Spectrum Acquisition Consulting Agreement (Clearwire Corp), Advisory Services Agreement (Clearwire Corp)

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Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or shares of any shares other class of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or shares of any shares other class of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or additional shares of any other class of stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as pursuant to a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); then , then, and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 2 contracts

Samples: Warrant Agreement (Entrust Inc), Warrant Agreement (Entrust Inc)

Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 2 contracts

Samples: Warrant Agreement (Handheld Entertainment, Inc.), Warrant Agreement (Handheld Entertainment, Inc.)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor: 3.2.1 Common Stock or any shares of stock or other securities that are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution; 3.2.2 Any cash paid or payable otherwise than as a cash dividend out of current earnings; or 3.2.3 Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); then in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 and 3.2.3 above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 2 contracts

Samples: Long Term De Facto Transfer Lease Agreement (Clearwire Corp), Long Term De Facto Transfer Lease Agreement (Clearwire Corp)

Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time time, or from time to time time, the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below4.1 above); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it she been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Business Consultant Services Agreement (BigString CORP)

Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (A) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (B) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (C) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 7.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 7.3 below); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (B) and 3.2.3 (C) above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Warrant to Purchase Common Stock (Alpha Virtual Inc/Ca/)

Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock Warrant Shares receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (b) and 3.2.3 (c) above) which such Holder would hold on the date of such exercise had he or it such holder been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Warrant Exchange Agreement (Vaxgen Inc)

Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this WarrantWarrant or into which such securities are convertible) shall have received or become entitled to receive, without payment therefor:, 3.2.1 2.2.1. Stock, Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any 2.2.2. any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 2.2.3. Stock, Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below2.1 above); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Stock or Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (2.2.2) above and 3.2.3 abovethis clause (2.2.3)) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Security and Loan Agreement (Hunapu Inc)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received receive or become entitled to receive, without payment therefor: 3.2.1 (a) Common Stock or any shares of stock or other securities that are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution; 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earningsdividend; or 3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock splitsplit or adjustments, adjustments in respect of which shall be are covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below3.1); then , then, and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (b) and 3.2.3 (c) above) which such that the Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Warrant Agreement (Scientific Learning Corp)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (A) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution; 3.2.2 Any cash paid or payable otherwise than as a cash dividend out of current earnings; , or 3.2.3 (B) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement coporate rearrangement, (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 and 3.2.3 abovecash) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Securities Purchase Agreement (Telehublink Corp)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (b) and 3.2.3 (c) above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Warrant Agreement (Corvas International Inc)

Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (b) and 3.2.3 (c) above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Release Agreement (Diversa Corp)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Internap Network Services Corp/Wa)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution; 3.2.2 Any cash paid or payable otherwise than as a cash dividend out of current earningsdividend; or 3.2.3 Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 and 3.2.3 above) which such Holder would hold on the date of such exercise had he or it been the holder Holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Tunes Com Inc)

Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (i) Common Stock or any shares of stock or other securities that are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;distribution (other than shares of Common Stock issued as a stock dividend, stock split or subdivision, adjustments in respect of which shall be covered by the terms of Section 3(a) above), 3.2.2 Any (ii) any cash paid or payable otherwise than as a cash dividend out (other than a liquidation or dissolution, which shall be covered by the terms of current earnings; Section 3(d) below), or 3.2.3 (iii) additional shares of Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, reorganization, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock splitdividend, stock split or subdivision, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii3(a) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); then , then, and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereuponupon such exercise, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (ii) and 3.2.3 (iii) above) which such Holder would hold on the date of such exercise had he or it such Holder been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digital Lifestyles Group Inc)

Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock Stock, or any shares of stock or other securities that whether or not such securities are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, or 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or other or additional stock or other securities or property (including cash) by way of spin-spin off, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below2.1 above); then , Then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefortherefore, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (b) and 3.2.3 (c) above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or and/or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Warrant Agreement (Santarus Inc)

Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (A) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution; 3.2.2 Any cash paid or payable otherwise than as a cash dividend out of current earnings; , or 3.2.3 (B) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 and 3.2.3 abovecash) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other or additional stock and other securities and property.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Telehublink Corp)

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Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (A) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (B) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (C) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (B) and 3.2.3 (C) above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Warrant Agreement (Citadel Computer Systems Inc)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (b) and 3.2.3 (c) above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Amendment and Assignment of Lease, Release, and Assumption Agreement (Intrabiotics Pharmaceuticals Inc /De)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received receive or become entitled to receive, without payment therefor: 3.2.1 (A) Common Stock or any shares of stock or other securities that are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution; 3.2.2 Any (B) any cash paid or payable otherwise than as a cash dividend out of current earningsdividend; or 3.2.3 (C) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock splitsplit or adjustments, adjustments in respect of which shall be are covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below3.1); then , then, and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (b) and 3.2.3 (c) above) which such that the Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Warrant Agreement (Scientific Learning Corp)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (A) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (B) any cash paid or payable otherwise than as a cash dividend out of current earnings; ordividend, or EXHIBIT 99.3 (CONTINUED) 3.2.3 (C) Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (B) and 3.2.3 (C) above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Warrant Agreement (Pinnacle Micro Inc)

Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock Warrant Shares receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (a) and 3.2.3 (b) above) which such Holder would hold on the date of such exercise had he or it such Holder been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Warrant Exchange Agreement (Vaxgen Inc)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (A) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (B) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (C) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below6.1 above); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Limited Partnership Agreement (Inhale Therapeutic Systems Inc)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time anytime or from time to time the Holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor: 3.2.1 Common Stock or any shares of stock or other securities that are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution; 3.2.2 Any cash paid or payable otherwise than as a cash dividend out of current earnings; or 3.2.3 Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); then in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 and 3.2.3 above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Purchase Agreement (Clearwire Corp)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Warrant Agreement (Axys Pharmecueticals Inc)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution; 3.2.2 Any cash paid or payable otherwise than as a cash dividend out of current earnings; , or 3.2.3 (b) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Consulting Agreement (Hollis Eden Pharmaceuticals Inc /De/)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it the Holder been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Stock Purchase Agreement (Vulcan Ventures Inc)

Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders Holder of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:, 3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;, 3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or 3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such the Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders the holder of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Severance Benefits Agreement (Epimmune Inc)

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