Common use of Liquidating Dividends Clause in Contracts

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) except for a stock dividend payable in shares of Common Stock (a "Liquidating Dividend"), then the Company will pay or distribute to the Registered Holder of this Warrant, upon the exercise hereof, in addition to the Warrant Shares purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if he had been the owner of record of such Warrant Shares immediately prior to the date on which a record is taken for such Liquidating Dividend or, if no record is taken, the date as of which the record holders of Common Stock entitled to such dividends or distribution are to be determined.

Appears in 22 contracts

Samples: Common Stock Purchase Warrant (Student Advantage Inc), Warrant Agreement (Genzyme Corp), Common Stock Purchase Warrant (Genzyme Corp)

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Liquidating Dividends. If the Company pays a dividend or makes a --------------------- distribution on the Common Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) except for a stock dividend payable in shares of Common Stock (a "Liquidating Dividend"), then the Company will pay or distribute to the Registered Holder of this Warrant, upon the exercise hereof, in addition to the Warrant Shares purchased issued upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if he had been the owner of record of such Warrant Shares immediately prior to the date on which a record is taken for such Liquidating Dividend or, if no record is taken, the date as of which the record holders of Common Stock entitled to such dividends or distribution are to be determined.

Appears in 5 contracts

Samples: Annual Report, Common Stock Purchase Warrant (Igi Inc), Common Stock Purchase Warrant (Igi Inc)

Liquidating Dividends. If the Company pays a dividend or makes a --------------------- distribution on the Common Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) except for a stock dividend payable in shares of Common Stock (a "Liquidating Dividend"), then the Company will pay or distribute to the Registered Holder of this Warrant, upon the exercise hereof, in addition to the Warrant Shares purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if he it had been the owner of record of such Warrant Shares immediately prior to the date on which a record is taken for such Liquidating Dividend or, if no record is taken, the date as of which the record holders of Common Stock entitled to such dividends or distribution are to be determined.

Appears in 4 contracts

Samples: Warrant Agreement (Switchboard Inc), Common Stock Purchase Warrant (Switchboard Inc), Warrant Agreement (Switchboard Inc)

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) except for a stock dividend payable in shares of Common Stock (a "Liquidating Dividend"), then the Company will pay or distribute to the Registered Holder of this Warrant, upon the exercise hereof, in addition to the Warrant Shares purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if he it had been the owner of record of such Warrant Shares immediately prior to the date on which a record is taken for such Liquidating Dividend or, if no record is taken, the date as of which the record holders of Common Stock entitled to such dividends or distribution are to be determined.

Appears in 4 contracts

Samples: Series F Convertible Preferred Stock and Warrant Purchase Agreement (Ascent Pediatrics Inc), Warrant Agreement (Rsa Security Inc/De/), Securities Purchase Agreement (Ascent Pediatrics Inc)

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) except for a stock dividend payable in shares of Common Stock (a "Liquidating Dividend"), then the Company will pay or distribute to the Registered Holder of this Warrant, upon the exercise hereof, in addition to the Warrant Shares purchased issued upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if he had been the owner of record of such Warrant Shares immediately prior to the date on which a record is taken for such Liquidating Dividend or, if no record is taken, the date as of which the record holders of Common Stock entitled to such dividends or distribution are to be determined.

Appears in 4 contracts

Samples: Common Stock Purchase Warrant (Igi Inc), Warrant Agreement (Igi Inc), Common Stock Purchase Warrant (Igi Inc)

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) except for a stock dividend payable in shares of Common Stock (a "Liquidating Dividend"), then the Company will pay or distribute to the Registered Holder of this Warrant, upon the exercise hereof, in addition to the Warrant Shares Stock purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if he he, she or it had been the owner of record of such shares of Warrant Shares Stock immediately prior to the date on which a record is taken for such Liquidating Dividend or, if no record is taken, the date as of which the record holders of Common Stock entitled to such dividends or distribution are to be determined.

Appears in 2 contracts

Samples: Warrant Agreement (Chart Industries Inc), Warrant Agreement (Chart Industries Inc)

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock payable otherwise other than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) except for a stock dividend payable in shares of Common Stock (a "Liquidating DividendLIQUIDATING DIVIDEND"), then the Company will pay or distribute to the Registered Holder of this WarrantHolder, upon the exercise hereof, in addition to the Warrant Shares purchased Stock issuable upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if he it had been the owner of record of such shares of Warrant Shares Stock immediately prior to the date on which a record is taken for such Liquidating Dividend or, if no record is taken, the date as of which the record holders of Common Stock entitled to such dividends or distribution are to be determined.

Appears in 1 contract

Samples: Warrant Agreement (Exelixis Inc)

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Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) except for a stock dividend payable in shares of Common Stock (( a "Liquidating DividendLIQUIDATING DIVIDEND"), then the Company will pay or distribute to the Registered Holder of this Warrant, upon the exercise hereof, in addition to the Warrant Shares Common Stock purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if he had been the owner of record of such Warrant Shares shares of Common Stock immediately prior to the date on which a record is was taken for such Liquidating Dividend or, if no record is was taken, the date as of which the record holders of Common Stock entitled to such dividends or distribution are to be were determined.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Cambridge Soundworks Inc)

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) except for a stock dividend payable in shares of Common Stock (a "Liquidating Dividend"), then the Company will pay or distribute to the Registered Holder of this Warrant, upon the exercise hereof, in addition to the Warrant Shares purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if he had been the owner of record of such Warrant Shares immediately prior to the date on which a record is taken for such Liquidating Dividend or, if no record is taken, the date as of which the record holders of Common Stock entitled to such dividends or distribution are to be determined. 7.

Appears in 1 contract

Samples: Stock Purchase Agreement (Gatefield Corp)

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Preferred Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) except for a stock dividend payable in shares of Common Preferred Stock (( a "Liquidating DividendLIQUIDATING DIVIDEND"), then the Company will pay or distribute to the Registered Holder of this Warrant, upon the exercise hereof, in addition to the Warrant Shares Stock purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if he had been the owner of record of such ,shares of Warrant Shares Stock immediately prior to the date on which a record is was taken for such Liquidating Dividend or, if no record is was taken, the date as of which the record holders of Common Preferred Stock entitled to such dividends or distribution are to be were determined.

Appears in 1 contract

Samples: Convertible Subordinated Note and Warrant Purchase Agreement (Netzero Inc)

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