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 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 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 2 contracts

Samples: Energy Partners LTD, Jacobs Jay Inc

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Liquidating Dividends. If the Company declares or pays a --------------------- dividend or makes a distribution on upon the Common Preferred Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles, consistently applied) except for a stock dividend payable in shares of Common Preferred Stock (a "Liquidating Dividend"), then the Company will shall pay or distribute to the -------------------- Registered Holder of this Warrant, upon Warrant at the exercise hereof, in addition to the Warrant Shares purchased upon such exercise, time of payment thereof the Liquidating Dividend which would have been paid to such the Registered Holder if he had been on the owner of record of such Warrant Shares had this Warrant been fully exercised immediately prior to the date on which a the 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 determined.

Appears in 2 contracts

Samples: Exercise Agreement (Zefer Corp), Exercise Agreement (Zefer Corp)

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 Holder 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 Holder 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 2 contracts

Samples: License and Option Agreement (Orchid Biosciences Inc), License and Option Agreement (Orchid Biosciences 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 "β€œLiquidating 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 Stock entitled to such dividends or distribution are to be were determined.

Appears in 1 contract

Samples: Loan Agreement (Aegis Identity Software, 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 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 Holder if he it had been the owner of record of such Warrant Shares shares of Common 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: Spectra Systems Corp

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, consistently applied) except for a stock dividend payable in shares of Common Stock (a "Liquidating Dividend"), then the Company will pay or distribute to the Holder 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 Holder holder if he it had been the owner of record of such Warrant Shares shares of Common 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: Spectra Systems Corp

Liquidating Dividends. If the Company pays declares a dividend or makes a distribution on upon --------------------- the Common Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles, consistently applied) except for a stock dividend payable in shares of Common Stock (a "Liquidating Dividend"), then the Company will shall pay or distribute to the Holder holders of this Warrant, upon the exercise hereofNotes at the time of payment thereof, in addition to the Warrant Shares purchased upon such exerciseprincipal amount and any accrued interest hereon, the Liquidating Dividend which would have been paid to such Holder if he the holder of this Note on the Conversion Stock had this Note been the owner of record of such Warrant Shares fully converted immediately prior to the date on which a record is taken for such Liquidating Dividend 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: Purchase Agreement (Centennial Communications Corp)

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Liquidating Dividends. If the Company declares or pays a --------------------- dividend or makes a distribution on upon the Common Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles, consistently applied) except for a stock dividend payable in shares of Common Stock (a "Liquidating Dividend"), then the Company will shall pay or distribute to the -------------------- Registered Holder of this Warrant, upon Warrant at the exercise hereof, in addition to the Warrant Shares purchased upon such exercise, time of payment thereof the Liquidating Dividend which would have been paid to such the Registered Holder if he had been on the owner of record of such Warrant Shares had this Warrant been fully exercised immediately prior to the date on which a the 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 determined.

Appears in 1 contract

Samples: Exercise Agreement (Zefer Corp)

Liquidating Dividends. If the Company pays declares a dividend or makes a distribution on upon the --------------------- Common Stock payable otherwise than in cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles, consistently applied) except for a stock dividend payable in shares of Common Stock (a "Liquidating Dividend"), then the Company will shall pay or distribute to the Holder holders of this Warrant, upon the exercise hereofNotes at the time of payment thereof, in addition to the Warrant Shares purchased upon such exerciseprincipal amount and any accrued interest hereon, the Liquidating Dividend which would have been paid to such Holder if he the holder of this Note on the Conversion Stock had this Note been the owner of record of such Warrant Shares fully converted immediately prior to the date on which a record is taken for such Liquidating Dividend 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: Purchase Agreement (Centennial Communications Corp)

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 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: Targeted Genetics Corp /Wa/

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