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 Stock purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it had been the owner of record of such shares of Warrant 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 (Tegal Corp /De/), Warrant Agreement (Chemgenics Pharmaceuticals Inc)

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Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock 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 Stock Shares purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it he had been the owner of record of such shares of Warrant Stock 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 1 contract

Samples: Common Stock Purchase Warrant (Register Com 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 Stock purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it he had been the owner of record of such shares of Warrant 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: Common Stock Purchase Warrant (Targeted Genetics Corp /Wa/)

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 payor distribute to the tothe Registered Holder of this Warrant, upon the exercise hereof, in addition to the Warrant Stock purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it he had been the owner of record of such shares of Warrant 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.. Confidential X________ (initial)

Appears in 1 contract

Samples: Loan and Security Agreement (Cognigen Networks Inc)

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock (other than one payable otherwise than in (i) cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) except for a stock dividend payable in or (ii) shares of Common Stock 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 Stock Shares purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it he had been the owner of record of such shares of Warrant Stock 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 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Spyglass 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 Stock Shares purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it he had been the owner of record of such shares of Warrant Stock 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 1 contract

Samples: Warrant Agreement (Tessera Technologies 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 Stock Shares purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it he had been the owner of record of such shares of Warrant Stock 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 1 contract

Samples: Warrant Agreement (Cahill Edward L)

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 Stock purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it he had been the owner of record of such shares of Warrant 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.)

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Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock payable otherwise than then 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 Stock Shares purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it he had been the owner of record of such shares of Warrant Stock 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 1 contract

Samples: Warrant Agreement (Lab Holdings Inc)

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Capital 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 Capital 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 Stock Shares purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it he had been the owner of record of such shares of Warrant Stock 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 Capital Stock entitled to such dividends or distribution are to be determined.

Appears in 1 contract

Samples: Warrant Agreement (Vitaminshoppecom 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 Stock Shares purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it he had been the owner of record of such shares of Warrant Stock 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 1 contract

Samples: Common Stock Purchase Warrant (Proton Energy Systems 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 Holders of this Warrantthe Warrants, upon the exercise hereof, in addition to the Warrant Stock purchased upon such exercise, the Liquidating Dividend which would have been paid to such Registered Holder if it had been the owner of record of such shares of Warrant 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 (Cardiotech International Inc)

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