Common use of Dividends; Reclassifications; Etc Clause in Contracts

Dividends; Reclassifications; Etc. (i) In the event that the Company shall, at any time prior to the exercise of this Warrant declare or pay to the holders of the Common Stock a dividend payable in Common Stock or Convertible Securities (as hereinafter defined) of the Company, then the Exercise Price shall be subject to adjustment pursuant to subparagraph (C) of this Section 9. (ii) If, at any time after the date of issuance hereof, the Company shall subdivide its outstanding shares of Common Stock, combine the outstanding shares of Common Stock into a smaller number of shares, or issue by reclassification of its shares of Common Stock (including any reclassification in connection with a consolidation or merger in which the Company is the continuing corporation) any shares, the Exercise Price in effect at the time of the effective date of such subdivision, combination or reclassification shall be proportionately adjusted so that the Holder of this Warrant exercising it after such time shall be entitled to receive the total number and kind of shares which bear the same proportion to the total immediately after such time as the proportion he would have owned and have been entitled to receive immediately prior to such time bore to the total immediately prior to such time. (iii) In the event that the Company shall, at any time prior to the exercise of this Warrant, (a) declare or pay to holders of Common Stock a dividend payable in any security of the Company other than Common Stock or Convertible Securities; (b) transfer its property as an entirety or substantially as an entirety to any other company; (c) make any distribution of its assets to holders of its Common Stock as a liquidation or partial liquidation dividend or by way of return of capital; or (d) undergo a merger or consolidation in which the Company is not the continuing corporation; then, upon the subsequent exercise of this Warrant, the Holder shall receive, in addition to or in substitution for the shares of Common Stock to which it would otherwise be entitled upon such exercise, such additional securities of the Company, or such shares of the securities or property of the Company resulting from such transfer, or such assets of the Company, or such shares of the securities or property of the continuing corporation in the event of such merger or consolidation, which it would have been entitled to receive had it exercised this Warrant prior to the happening of any of the foregoing events.

Dividends; Reclassifications; Etc. (i) In the event that the Company shall, at any time prior to the exercise of this Warrant declare or pay to the holders of the Common Stock a dividend payable in Common Stock or Convertible Securities (as hereinafter defined) of the Company, then the Exercise Price shall be subject to adjustment pursuant to subparagraph (C) of this Section 9. (ii) If, at any time after the date of issuance hereofthis Agreement, (A) declare and pay a dividend or bonus issue on the Company shall Series A Preferred Shares payable in Series A Preferred Shares, (B) subdivide its the issued and outstanding shares of Common StockSeries A Preferred Shares, (C) combine or consolidate the issued and outstanding shares of Common Stock Series A Preferred Shares into a smaller number of shares, Series A Preferred Shares or (D) issue by any share capital in a reclassification of its shares of Common Stock the Series A Preferred Shares (including any such reclassification in connection with a consolidation consolidation, amalgamation or merger in which the Company is the continuing corporation) any sharesor surviving company), except as otherwise provided in this Section 11.1.1, the Exercise Purchase Price in effect at the time of the record date for such dividend or bonus issue or of the effective date of such subdivision, combination combination, consolidation or reclassification reclassification, and the number and kind of share capital issuable on such date, shall be proportionately adjusted so that the Holder holder of this Warrant exercising it any Right exercised after such time shall be entitled to receive the total aggregate number and kind of shares which bear share capital which, if such Right had been exercised immediately prior to such date and at a time when the same proportion to Series A Preferred Shares register of members of the total immediately after Company was open, such time as the proportion he holder would have owned upon such exercise and have been entitled to receive immediately prior by virtue of such dividend, bonus issue, subdivision, combination, consolidation or reclassification; provided, however, that in no event shall the consideration to such time bore to the total immediately prior to such time. (iii) In the event that the Company shall, at any time prior to be paid upon the exercise of this Warrant, (a) declare or pay to holders one Right be less than the aggregate par value of Common Stock a dividend payable in any security the shares of the Company other than Common Stock or Convertible Securities; (b) transfer its property as an entirety or substantially as an entirety to any other company; (c) make any distribution of its assets to holders of its Common Stock as a liquidation or partial liquidation dividend or by way of return of capital; or (d) undergo a merger or consolidation in which the Company is not the continuing corporation; then, issuable upon the subsequent exercise of this Warrantone Right. If an event occurs which would require an adjustment under both Section 11.1.1 and Section 11.1.2, the Holder adjustment provided for in this Section 11.1.1 shall receive, be in addition to or in substitution for to, and shall be made prior to, the shares of Common Stock to which it would otherwise be entitled upon such exerciseadjustment required pursuant to, such additional securities of the Company, or such shares of the securities or property of the Company resulting from such transfer, or such assets of the Company, or such shares of the securities or property of the continuing corporation in the event of such merger or consolidation, which it would have been entitled to receive had it exercised this Warrant prior to the happening of any of the foregoing eventsSection 11.1.2.

Dividends; Reclassifications; Etc. (i) In the event that the Company shall, at any time prior to the exercise of this Warrant declare or pay to the holders of the Common Stock a dividend payable in Common Stock or Convertible Securities (as hereinafter defined) of the Company, then the Exercise Price shall be subject to adjustment pursuant to subparagraph (C) of this Section 9. (ii) If, at any time after the date of issuance hereofthis Agreement, (A) declare and pay a dividend or bonus issue on the Company shall Series A Preferred Shares payable in Series A Preferred Shares, (B) subdivide its the issued and outstanding shares of Common StockSeries A Preferred Shares, (C) combine or consolidate the issued and outstanding shares of Common Stock Series A Preferred Shares into a smaller number of shares, Series A Preferred Shares or (D) issue by any share capital in a reclassification of its shares of Common Stock the Series A Preferred Shares (including any such reclassification in connection with a consolidation consolidation, amalgamation or merger in which the Company is the continuing corporation) any sharesor surviving company), except as otherwise provided in this Section 11.1.1, the Exercise Purchase Price in effect at the time of the record date for such dividend or bonus issue or of the effective date of such subdivision, combination combination, consolidation or reclassification reclassification, and the number and kind of share capital issuable on such date, shall be proportionately adjusted so that the Holder holder of this Warrant exercising it any Right exercised after such time shall be entitled to receive the total aggregate number and kind of shares which bear share capital which, if such Right had been exercised immediately prior to such date and at a time when the same proportion to Series A Preferred Shares register of members of the total immediately after Company were open, such time as the proportion he holder would have owned upon such exercise and have been entitled to receive immediately prior by virtue of such dividend, bonus issue, subdivision, combination, consolidation or reclassification; provided, however, that in no event shall the consideration to such time bore to the total immediately prior to such time. (iii) In the event that the Company shall, at any time prior to be paid upon the exercise of this Warrant, (a) declare or pay to holders one Right be less than the aggregate par value of Common Stock a dividend payable in any security the shares of the Company other than Common Stock or Convertible Securities; (b) transfer its property as an entirety or substantially as an entirety to any other company; (c) make any distribution of its assets to holders of its Common Stock as a liquidation or partial liquidation dividend or by way of return of capital; or (d) undergo a merger or consolidation in which the Company is not the continuing corporation; then, issuable upon the subsequent exercise of this Warrantone Right. If an event occurs which would require an adjustment under both Section 11.1.1 and Section 11.1.2, the Holder adjustment provided for in this Section 11.1.1 shall receive, be in addition to or in substitution for to, and shall be made prior to, the shares of Common Stock to which it would otherwise be entitled upon such exerciseadjustment required pursuant to, such additional securities of the Company, or such shares of the securities or property of the Company resulting from such transfer, or such assets of the Company, or such shares of the securities or property of the continuing corporation in the event of such merger or consolidation, which it would have been entitled to receive had it exercised this Warrant prior to the happening of any of the foregoing eventsSection 11.1.2.

Dividends; Reclassifications; Etc. (i) In the event that the Company shall, at any time prior to the exercise of this Warrant declare or pay to the holders of the Common Stock a dividend payable in Common Stock or Convertible Securities (as hereinafter defined) of the Company, then the Exercise Price shall be subject to adjustment pursuant to subparagraph (C) of this Section 9. (ii) If, at any time after the date of issuance hereofthis Agreement, (A) declare and pay a dividend or bonus issue on the Company shall Series C Preferred Shares payable in Series C Preferred Shares, (B) subdivide its the issued and outstanding shares of Common StockSeries C Preferred Shares, (C) combine or consolidate the issued and outstanding shares of Common Stock Series C Preferred Shares into a smaller number of shares, Series C Preferred Shares or (D) issue by any share capital in a reclassification of its shares of Common Stock the Series C Preferred Shares (including any such reclassification in connection with a consolidation consolidation, amalgamation or merger in which the Company is the continuing corporation) any sharesor surviving company), except as otherwise provided in this Section 11.1.1, the Exercise Purchase Price in effect at the time of the record date for such dividend or bonus issue or of the effective date of such subdivision, combination combination, consolidation or reclassification reclassification, and the number and kind of share capital issuable on such date, shall be proportionately adjusted so that the Holder holder of this Warrant exercising it any Right exercised after such time shall be entitled to receive the total aggregate number and kind of shares which bear share capital which, if such Right had been exercised immediately prior to such date and at a time when the same proportion to Series C Preferred Shares register of members of the total immediately after Company were open, such time as the proportion he holder would have owned upon such exercise and have been entitled to receive immediately prior by virtue of such dividend, bonus issue, subdivision, combination, consolidation or reclassification; provided, however, that in no event shall the consideration to such time bore to the total immediately prior to such time. (iii) In the event that the Company shall, at any time prior to be paid upon the exercise of this Warrant, (a) declare or pay to holders one Right be less than the aggregate par value of Common Stock a dividend payable in any security the shares of the Company other than Common Stock or Convertible Securities; (b) transfer its property as an entirety or substantially as an entirety to any other company; (c) make any distribution of its assets to holders of its Common Stock as a liquidation or partial liquidation dividend or by way of return of capital; or (d) undergo a merger or consolidation in which the Company is not the continuing corporation; then, issuable upon the subsequent exercise of this Warrantone Right. If an event occurs which would require an adjustment under both Section 11.1.1 and Section 11.1.2, the Holder adjustment provided for in this Section 11.1.1 shall receive, be in addition to or in substitution for to, and shall be made prior to, the shares of Common Stock to which it would otherwise be entitled upon such exerciseadjustment required pursuant to, such additional securities of the Company, or such shares of the securities or property of the Company resulting from such transfer, or such assets of the Company, or such shares of the securities or property of the continuing corporation in the event of such merger or consolidation, which it would have been entitled to receive had it exercised this Warrant prior to the happening of any of the foregoing eventsSection 11.1.2.