Common use of Dividends in Preferred Stock Clause in Contracts

Dividends in Preferred Stock. Other Stock, Property --------------------------------------------------- Reclassification. If at any time or from time to time the holders of Preferred ---------------- 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, (a) Preferred Stock, or any shares of stock or other securities whether or not such securities are at any time directly or indirectly convertible into or exchangeable for Preferred 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 (b) any cash paid or payable otherwise than as a cash dividend, or (c) Preferred Stock or other or additional stock or other securities or property (including cash) by way of spinoff, split-up, reclassification, combination of shares or similar corporate rearrangement, (other than shares of Preferred Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 4.1 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 Preferred Stock receivable thereupon, and without payment of any additional consideration therefore, the amount of stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) above) which such Holder would hold on the date of such exercise had he been the holder of record of such Preferred Stock as of the date on which holders of Preferred Stock received or became entitled to receive such shares and/or all other additional stock and other securities and property.

Appears in 3 contracts

Samples: Patent License Agreement (Wavesplitter Technologies Inc), Patent License Agreement (Wavesplitter Technologies Inc), Patent License Agreement (Wavesplitter Technologies Inc)

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Dividends in Preferred Stock. Other Stock, Property --------------------------------------------------- Property, Reclassification. If at any time or from time to time the holders of Preferred ---------------- 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, (a) Preferred Stock, Stock or any shares of stock or other securities whether or not such securities are at any time directly or indirectly convertible into or exchangeable for Preferred 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 (b) any cash paid or payable otherwise than as a cash dividend, or (c) Preferred Stock or other or additional stock or other securities or property (including cash) by way of spinoff, split-up, reclassification, combination of shares or similar corporate rearrangement, (other than shares of Preferred Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 4.1 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 Preferred Stock stock receivable thereupon, and without payment of any additional consideration therefore, the amount of stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) above) which such Holder would hold on the date of such exercise had he been the holder of record of such Preferred Stock as of the date on which holders of Preferred Stock received or became entitled to receive such shares and/or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Loan and Security Agreement (New Focus Inc)

Dividends in Preferred Stock. Other Stock, Property --------------------------------------------------- Property, Reclassification. If at any time or from time to time the holders of Preferred ---------------- 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, (a) Preferred Stock, by way of dividend or other distribution any shares of stock or other securities securities, whether or not such securities are at any time directly or indirectly convertible into or exchangeable for Preferred Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distributionforegoing, or (b) any cash paid or payable otherwise than as a cash dividend, or (c) Preferred Stock or other or additional stock or other securities or property (including cash) by way of spinoff, split-up, reclassification, combination of shares or similar corporate rearrangement, (other than shares of Preferred Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 4.1 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 Preferred Common Stock receivable thereupon, and without payment of any additional consideration therefore, the amount of stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) above) which such Holder would hold on the date of such exercise had he been the holder of record of such Preferred Common Stock as of the date on which holders of Preferred Common Stock received or became entitled to receive such shares and/or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Loan Agreement (Digital Generation Systems Inc)

Dividends in Preferred Stock. Other Stock, Property Property, --------------------------------------------------- Reclassification. If at any time or from time to time the holders of Preferred ---------------- 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, (a) Preferred Stock, or any shares of stock or other securities whether or not such securities are at any time directly or indirectly convertible into or exchangeable for Preferred 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 (b) any cash paid or payable otherwise than as a cash dividend, or (c) Preferred Stock or other or additional stock or other securities or property (including cash) by way of spinoff, split-up, reclassification, combination of shares or similar corporate rearrangement, (other than shares of Preferred Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 4.1 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 Preferred Stock receivable thereupon, and without payment of any additional consideration therefore, the amount of stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) above) which such Holder would hold on the date of such exercise had he been the holder of record of such Preferred Stock as of the date on which holders of Preferred Stock received or became entitled to receive such shares and/or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Loan Agreement (Exodus Communications Inc)

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Dividends in Preferred Stock. Other Stock, Property Property, --------------------------------------------------- Reclassification. If at any time or from time to time the holders of Preferred 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, (a) Preferred Stock, by way of dividend or other distribution any shares of stock or other securities securities, whether or not such securities are at any time directly or indirectly convertible into or exchangeable for Preferred Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distributionforegoing, or (b) any cash paid or payable otherwise than as a cash dividend, or (c) Preferred Stock or other or additional stock or other securities or property (including cash) by way of spinoff, split-up, reclassification, combination of shares or similar corporate rearrangement, (other than shares of Preferred Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 4.1 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 Preferred Common Stock receivable thereupon, and without payment of any additional consideration therefore, the amount of stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) above) which such Holder would hold on the date of such exercise had he been the holder of record of such Preferred Common Stock as of the date on which holders of Preferred Common Stock received or became entitled to receive such shares and/or all other additional stock and other securities and property.

Appears in 1 contract

Samples: Loan Agreement (Active Software Inc)

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