Common use of Liquidating Dividends, Etc Clause in Contracts

Liquidating Dividends, Etc. If the Company at any time while the Warrants remain outstanding and unexpired makes a distribution of its assets to the holders of its Common Stock as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections 6(a) through 6(c)), the Warrant Holder shall be entitled to receive upon the exercise hereof, in addition to the shares of Common Stock receivable upon such exercise, and without payment of any consideration other than the Warrant Price, an amount of such assets so distributed equal to the value of such distribution per share of Common Stock multiplied by the number of shares of Common Stock which, on the record date for such distribution, are issuable upon exercise of this Warrant (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereof), and an appropriate provision therefor shall be made a part of any such distribution. The value of a distribution which is paid in other than cash shall be determined by an independent appraiser designated by the Board of Directors of the Company.

Liquidating Dividends, Etc. If the Company at any time while the Warrants remain are outstanding and unexpired makes a distribution of its assets to the holders of its Common Stock as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections 6(a) through 6(c)), the Warrant Holder shall be entitled to receive upon the exercise hereof, in addition to the shares of Common Stock receivable upon such exercise, and without payment of any consideration other than the Warrant Price, an amount of such assets so distributed equal to the value of such distribution per share of Common Stock multiplied by the number of shares of Common Stock which, on the record date for such distribution, are issuable upon exercise of this Warrant (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereof), and an appropriate provision therefor shall be made a part of any such distribution. The value of a distribution which is paid in other than cash shall be determined by an independent appraiser designated by the Board of Directors of the Company.

Liquidating Dividends, Etc. If the Company at any time while the Warrants remain an Affected Option is outstanding and unexpired makes a distribution of its assets to the holders of its Common Capital Stock as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections 6(a(a) through 6(c(c)), the Warrant Holder holder of such Affected Option shall be entitled to receive upon the exercise hereof, in addition to the shares of Common Stock receivable upon such exercise, and without payment of any consideration other than the Warrant PriceOption Price of such Affected Option, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock multiplied by the number of shares of Common Stock which, on the record date for such distribution, are issuable upon exercise of this Warrant such Affected Option (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereof), and an appropriate provision therefor shall should be made a part of any such distribution. The value of a distribution which is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the CompanyDirectors.

Liquidating Dividends, Etc. If the Company Company, at any time while the Warrants remain outstanding this Warrant is unexpired and unexpired not exercised in full, makes a distribution of its assets or evidences of indebtedness to the holders of its Common Stock Capital Shares as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's ’s assets (other than under the circumstances provided for in the foregoing subsections 6(a(a) through 6(c))and (b) while an exercise is pending, then the Warrant Holder shall be entitled to receive upon such exercise of the exercise hereof, Warrant in addition to the shares of Common Stock Warrant Shares receivable upon such exercisein connection therewith, and without payment of any consideration other than the Warrant Exercise Price, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock Capital Share multiplied by the number of shares of Common Stock whichWarrant Shares that, on the record date for such distribution, are issuable upon such exercise of this Warrant (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereof)Warrant, and an appropriate provision therefor shall be made a by the Company as part of any such distribution. No further adjustment shall be made following any event that causes a subsequent adjustment in the number of Warrant Shares issuable. The value of a distribution which that is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the Company.

Liquidating Dividends, Etc. If the Company Company, at any time while the Warrants remain outstanding this Warrant is unexpired and unexpired not exercised in full, makes a distribution of its assets or evidences of indebtedness to the holders of its Common Stock Capital Shares as a dividend in liquidation or by way of return of capital (other than dividends paid or distributions made in respect of preferred stock) or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections 6(a(a) through 6(c(g))) while an exercise is pending, then the Warrant Holder shall be entitled to receive upon such exercise of the exercise hereof, Warrant in addition to the shares of Common Stock Warrant Shares receivable upon such exercisein connection therewith, and without payment of any consideration other than the Warrant Exercise Price, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock Capital Share multiplied by the number of shares of Common Stock whichWarrant Shares that, on the record date for such distribution, are issuable upon such exercise of this the Warrant (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereofWarrant Shares issuable), and an appropriate provision therefor shall be made a part of any such distribution. The value of a distribution which that is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the Company.

Liquidating Dividends, Etc. If the Company Corporation at any time while the Warrants remain this Affected Option is outstanding and unexpired makes a distribution of its assets to the holders of its Common Stock capital stock as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's Corporation’s assets (other than under the circumstances provided for in the foregoing subsections 6(aSections 5A(a) through 6(c(c)), the Warrant Holder holder of such Affected Option shall be entitled to receive upon the exercise hereof, in addition to the shares of Common Stock receivable upon such exercise, and without payment of any consideration other than the Warrant PriceExercise Price of such Option, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock multiplied by the number of shares of Common Stock which, on the record date for such distribution, are issuable upon exercise of this Warrant Affected Option (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereofhereof ), and an appropriate provision therefor shall should be made a part of any such distribution. The value of a distribution which is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the CompanyBoard.

Liquidating Dividends, Etc. If the Company Company, at any time while the Warrants remain outstanding this Protective Warrant is unexpired and unexpired not exercised in full, makes a distribution of its assets or evidences of indebtedness to the holders of its Common Stock Capital Shares as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections 6(a) through 6(c))while an exercise is pending, then the Warrant Holder shall be entitled to receive upon such exercise of the exercise hereof, Protective Warrant in addition to the shares of Common Stock Protective Warrant Shares receivable upon such exercisein connection therewith, and without payment of any consideration other than the Warrant Exercise Price, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock Capital Share multiplied by the number of shares of Common Stock whichProtective Warrant Shares that, on the record date for such distribution, are issuable upon such exercise of this the Protective Warrant (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereofProtective Warrant Shares issuable), and an appropriate provision therefor shall be made a part of any such distribution. The value of a distribution which that is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the Company.

Liquidating Dividends, Etc. If the Company at any time while the Warrants remain this Affected Option is outstanding and unexpired makes a distribution of its assets to the holders of its Common Capital Stock as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections 6(a(a) through 6(c(c)), the Warrant Holder holder of this Affected Option shall be entitled to receive upon the exercise hereof, in addition to the shares of Common Stock receivable upon such exercise, and without payment of any consideration other than the Warrant Option Price, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock multiplied by the number of shares of Common Stock which, on the record date for such distribution, are issuable upon exercise of this Warrant Affected Option (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereof), and an appropriate provision therefor shall should be made a part of any such distribution. The value of a distribution which is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the CompanyDirectors.

Liquidating Dividends, Etc. If the Company Company, at any time while the Warrants remain outstanding this Warrant is unexpired and unexpired not exercised in full, makes a distribution of its assets or evidences of indebtedness to the holders of its Common Stock Capital Shares as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections 6(a(a) through 6(c(g))) while an exercise is pending, then the Warrant Holder shall be entitled to receive upon such exercise of the exercise hereof, Warrant in addition to the shares of Common Stock Warrant Shares receivable upon such exercisein connection therewith, and without payment of any consideration other than the Warrant Exercise Price, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock Capital Share multiplied by the number of shares of Common Stock whichWarrant Shares that, on the record date for such distribution, are issuable upon such exercise of this the Warrant (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereofWarrant Shares issuable), and an appropriate provision therefor shall be made a part of any such distribution. The value of a distribution which that is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the Company.

Liquidating Dividends, Etc. If the Company at any time while the Warrants remain an Original Option is outstanding and unexpired makes a distribution of its assets to the holders of its Common Stock capital stock as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections 6(a(a) through 6(c(c)), the Warrant Holder holder of such Original Option shall be entitled to receive upon the exercise hereof, in addition to the shares of Common Stock receivable upon such exercise, and without payment of any consideration other than the Warrant PriceOption Price of such Original Option, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock multiplied by the number of shares of Common Stock which, on the record date for such distribution, are issuable upon exercise of this Warrant an Original Option (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereof), and an appropriate provision therefor shall should be made a part of any such distribution. The value of a distribution which is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the CompanyDirectors.

Liquidating Dividends, Etc. If the Company Corporation at any time while the Warrants remain an Affected Option is outstanding and unexpired makes a distribution of its assets to the holders of its Common Stock capital stock as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's Corporation’s assets (other than under the circumstances provided for in the foregoing subsections 6(aSections 5A(a) through 6(c(c)), the Warrant Holder holder of such Affected Option shall be entitled to receive upon the exercise hereof, in addition to the shares of Common Stock receivable upon such exercise, and without payment of any consideration other than the Warrant PriceExercise Price of such Option, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock multiplied by the number of shares of Common Stock which, on the record date for such distribution, are issuable upon exercise of this Warrant such Affected Option (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereof), and an appropriate provision therefor shall should be made a part of any such distribution. The value of a distribution which is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the CompanyBoard.

Liquidating Dividends, Etc. If the Company Company, at any time while the Warrants remain outstanding this Warrant is unexpired and unexpired not exercised in full, makes a distribution of its assets or evidences of indebtedness to the holders of its Common Stock Capital Shares as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections 6(a(a) through 6(c))(g) while an exercise is pending, then the Warrant Holder shall be entitled to receive upon such exercise of the exercise hereof, Warrant in addition to the shares of Common Stock Warrant 81 Shares receivable upon such exercisein connection therewith, and without payment of any consideration other than the Warrant Exercise Price, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock Capital Share multiplied by the number of shares of Common Stock whichWarrant Shares that, on the record date for such distribution, are issuable upon such exercise of this the Warrant (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereofWarrant Shares issuable), and an appropriate provision therefor shall be made a part of any such distribution. The value of a distribution which that is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the Company.

Liquidating Dividends, Etc. If the Company at any time while the -------------------------- Warrants remain are outstanding and unexpired makes a distribution of its assets to the holders of its Common Stock as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections Subsections 6(a) through 6(c)), the Warrant Holder shall be entitled to receive upon the exercise hereof, in addition to the shares of Common Stock receivable upon such exercise, and without payment of any consideration other than the Warrant Price, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock multiplied by the number of shares of Common Stock which, on the record date for such distribution, are issuable upon exercise of this Warrant (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereof), and an appropriate provision therefor shall be made a part of any such distribution. The value of a distribution which is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the Company.

Liquidating Dividends, Etc. If the Company at any time while the Warrants remain an Affected Option is outstanding and unexpired makes a distribution of its assets to the holders of its Common Stock capital stock as a dividend in liquidation or by way of return of capital or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections 6(a(a) through 6(c(c)), the Warrant Holder holder of such Affected Option shall be entitled to receive upon the exercise hereof, in addition to the shares of Common Stock receivable upon such exercise, and without payment of any consideration other than the Warrant PriceOption Price of such Affected Option, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock multiplied by the number of shares of Common Stock which, on the record date for such distribution, are issuable upon exercise of this Warrant such Affected Option (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereof), and an appropriate provision therefor shall should be made a part of any such distribution. The value of a distribution which is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the CompanyDirectors.

Liquidating Dividends, Etc. If the Company at any time while the Warrants remain are outstanding and unexpired makes a distribution of its assets (or rights to acquire its assets) to the holders of its Common Stock as a dividend in liquidation or by way of return of capital or stock repurchase or other than as a dividend payable out of earnings or surplus legally available for dividends under applicable law or any distribution to such holders made in respect of the sale of all or substantially all of the Company's assets (other than under the circumstances provided for in the foregoing subsections 6(a) through 6(c)subsections), the holder of this Warrant Holder shall be entitled to receive upon the exercise hereof, in addition to the shares of Common Stock receivable upon such exercise, and without payment of any consideration other than the Warrant Exercise Price, an amount of such assets so distributed in cash equal to the value of such distribution per share of Common Stock multiplied by the number of shares of Common Stock which, on the record date for such distribution, are issuable upon exercise of this Warrant (with no further adjustment being made following any event which causes a subsequent adjustment in the number of shares of Common Stock issuable upon the exercise hereof), and an appropriate provision therefor shall should be made a as part of any such distribution. The value of a distribution which is paid in other than cash shall be determined by an independent appraiser designated in good faith by the Board of Directors of the CompanyDirectors.