Common use of Extraordinary Distributions Clause in Contracts

Extraordinary Distributions. If at any time after the date of issuance of this Warrant the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (i) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (ii) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(a)) or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c)), then the number of shares of Common Stock to be delivered to such Warrantholder upon exercise of this Warrant shall be increased so that the Warrantholder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (h).

Extraordinary Distributions. If at any time after the date of issuance of this Warrant Warrant, the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (i) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (ii) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(a)2(a)(i) or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c)Company), then in each such case the number of shares of Common Stock to be delivered to such Warrantholder Holder upon exercise of this Warrant shall be increased so that the Warrantholder Holder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder Holder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Exercise Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of the Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (h)Price.

Extraordinary Distributions. If at any time after the date of issuance of this Warrant the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (i) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (ii) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(a)) or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c)), then the number of shares of Common Stock to be delivered to such Warrantholder upon exercise of this Warrant shall be increased so that the Warrantholder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (hi).

Extraordinary Distributions. If at any time after the date of issuance of this Warrant Warrant, the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (iA) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (iiB) dividends payable in shares of capital stock Capital Stock for which adjustment is made under Section 6.1(a2(a)(i)) , or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c)Company), then in each such case the number of shares of Common Stock to be delivered to such Warrantholder Holder upon exercise of this Warrant shall be increased so that the Warrantholder Holder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder Holder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Exercise Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtednessindebted-ness, securities or other assets so distributed or of such rights or warrants applicable to one share of the Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (h)Price.

Extraordinary Distributions. If at any time after the date of issuance of this Warrant Note, the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged,) cash, evidences of indebtedness, securities or other assets (excluding (iA) ordinary course cash dividends to the extent such dividends do not exceed the Company's ’s retained earnings and (iiB) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(aparagraph (d)(i)) , above), or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c))Company, then in each such case the number of shares of Common Stock to be delivered to such Warrantholder Payee upon exercise conversion of this Warrant Note shall be increased so that the Warrantholder Payee thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder Payee would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Conversion Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights rights, options or warrants applicable to one share of the Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (h)Conversion Price.

Extraordinary Distributions. If at any time after the date of issuance of this Warrant Warrant, the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (iA) ordinary course cash dividends to the extent such dividends do not exceed the Company's ’s retained earnings and (iiB) dividends payable in shares of capital stock Capital Stock for which adjustment is made under Section 6.1(a2(a)(i)) , or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c)Company), then in each such case the number of shares of Common Stock to be delivered to such Warrantholder Holder upon exercise of this Warrant shall be increased so that the Warrantholder Holder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder Holder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Exercise Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtednessindebted-ness, securities or other assets so distributed or of such rights or warrants applicable to one share of Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (h).

Extraordinary Distributions. If at any time after the date of issuance of this Warrant the Company HRN shall distribute to all holders of its Class A Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company HRN is the continuing or surviving corporation and the Class A Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (i) ordinary course quarterly cash dividends to the extent such dividends do not exceed the Company's retained earnings and (ii) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(a7.1(a)) or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c))HRN, then the number of shares of Class A Common Stock to be delivered to such Warrantholder upon exercise of this Warrant shall be increased so that the Warrantholder thereafter shall be entitled to receive the number of shares of Class A Common Stock determined by multiplying the number of shares such Warrantholder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Price per share of Class A Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company HRN in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of Class A Common Stock (provided that such denominator shall in no event be less than $.01) .01 and the numerator of which shall be the Current Market Price per share of the Class A Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (hg).

Extraordinary Distributions. If at any time after the date of issuance of this Warrant the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (i) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (ii) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(a8.1(a)) or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c))Company, then the number of shares of Common Stock to be delivered to such Warrantholder upon exercise of this Warrant shall will be increased so that the Warrantholder thereafter shall will be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder would have been entitled to receive immediately before such record date by a fraction, the numerator of which is the Current Market Price (as defined below) per share of the Common Stock and the denominator of which shall be is the Current Market Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share par value of the Common Stock, Warrant Shares; and the Exercise Price shall will be adjusted as provided below in paragraph (hSection 8.1(f).

Extraordinary Distributions. If at any time after the date of issuance of this Warrant the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (i) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (ii) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(a)) or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c))Company, then in each such case the number of shares of Common Stock to be delivered to such Warrantholder upon exercise of this Warrant shall be increased so that the Warrantholder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (hg).

Extraordinary Distributions. If at any time after the date of issuance of this Warrant Warrant, the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (iA) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (iiB) dividends payable in shares of capital stock Capital Stock for which adjustment is made under Section 6.1(a2(a)(i)) ), or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c))Company, then in each such case the number of shares of Common Stock to be delivered to such Warrantholder Holder upon exercise of this Warrant shall be increased so that the Warrantholder Holder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder Holder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Exercise Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of the Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (h)Price.

Extraordinary Distributions. If at any time after the date of issuance of this Warrant Issuance Date, the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (iA) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (iiB) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(a2(f)(i)) or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c2(f)(iii)), then the number of shares of Common Stock to be delivered to such Warrantholder Holder upon exercise conversion of this Warrant Note shall be increased so that the Warrantholder Holder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder Holder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of Common Stock (provided that such denominator shall in no event be less than $.01.0l) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Conversion Price shall be adjusted as provided below in paragraph (hvii) in this Section 2(f).

Extraordinary Distributions. If at any time after the date of issuance of this Warrant Warrant, the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (iA) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (iiB) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(a2(a)(i)) , or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c)Company), then in each such case the number of shares of Common Stock to be delivered to such Warrantholder Holder upon exercise of this Warrant shall be increased so that the Warrantholder Holder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder Holder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Exercise Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of the Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (h)Price.

Extraordinary Distributions. If at any time ---------------------------- after the date of issuance of this Warrant Warrant, the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (i) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (ii) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(a)2(a)(i) or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c)Company), then in each such case the number of shares of Common Stock to be delivered to such Warrantholder Holder upon exercise of this Warrant shall be increased so that the Warrantholder Holder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder Holder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Exercise Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of the Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (h)Price.

Extraordinary Distributions. If at any time from and after the date of issuance of this Warrant Note through the Maturity Date, the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (i) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (ii) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(aparagraph (a) above)) , or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c))Company, then in each such case the number of shares of Common Stock to be delivered to such Warrantholder Holder upon exercise conversion of this Warrant Note shall be increased so that the Warrantholder Holder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder Holder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Conversion Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights rights, options or warrants applicable to one share of the Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (h)Conversion Price.

Extraordinary Distributions. If at any time after the --------------------------- date of issuance of this Warrant the Company shall distribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (i) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (ii) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(a)) or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c))Company, then in each such case the number of shares of Common Stock to be delivered to such Warrantholder upon exercise of this Warrant shall be increased so that the Warrantholder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (hg).

Extraordinary Distributions. If at any time from and after the date of issuance of this Warrant Note through the Maturity Date, the Company shall distribute to all holders of its Non-Voting Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Non-Voting Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (i) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (ii) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(aparagraph (a) above)) , or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c))Company, then in each such case the number of shares of Non-Voting Common Stock to be delivered to such Warrantholder Holder upon exercise conversion of this Warrant Note shall be increased so that the Warrantholder Holder thereafter shall be entitled to receive the number of shares of Non-Voting Common Stock determined by multiplying the number of shares such Warrantholder Holder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Conversion Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights rights, options or warrants applicable to one share of the Non-Voting Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (h)Conversion Price.

Extraordinary Distributions. If at any time ---------------------------- after the date of issuance of this Warrant Warrant, the Company shall distribute shalldistribute to all holders of its Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing or surviving corporation and the Common Stock is not changed or exchanged) cash, evidences of indebtedness, securities or other assets (excluding (i) ordinary course cash dividends to the extent such dividends do not exceed the Company's retained earnings and (ii) dividends payable in shares of capital stock for which adjustment is made under Section 6.1(a)2(a)(i) or rights, options or warrants to subscribe for or purchase securities of the Company (excluding those for which adjustment is made under Section 6.1(c)Company), then in each such case the number of shares of Common Stock to be delivered to such Warrantholder Holder upon exercise of this Warrant shall be increased so that the Warrantholder Holder thereafter shall be entitled to receive the number of shares of Common Stock determined by multiplying the number of shares such Warrantholder Holder would have been entitled to receive immediately before such record date by a fraction, the denominator of which shall be the Current Market Exercise Price per share of Common Stock on such record date minus the then fair market value (as reasonably determined by the Board of Directors of the Company in good faith) of the portion of the cash, evidences of indebtedness, securities or other assets so distributed or of such rights or warrants applicable to one share of the Common Stock (provided that such denominator shall in no event be less than $.01) and the numerator of which shall be the Current Market Price per share of the Common Stock, and the Exercise Price shall be adjusted as provided below in paragraph (h)Price.