Common use of Liquidating Dividends Clause in Contracts

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock (other than one payable in (i) cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) or (ii) 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 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Spyglass Inc)

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

Samples: NMT Medical Inc

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock (other than one payable otherwise then in (i) cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) or (ii) except for a stock dividend payable in 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 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 1 contract

Samples: Lab Holdings Inc

Liquidating Dividends. If the Company pays a dividend or makes a --------------------- distribution on the Common Stock (other payable otherwise than one payable in (i) cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) or (ii) except for a stock dividend payable in 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 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 1 contract

Samples: Cahill Edward L

Liquidating Dividends. If the Company pays a dividend or makes a --------------------- distribution on the Common Stock (other payable otherwise than one payable in (i) cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) or (ii) except for a stock dividend payable in 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 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 1 contract

Samples: Proton Energy Systems Inc

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock (other Shares payable otherwise than one payable in (i) cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) or (ii) shares of Common Stock) except for a dividend payable in Shares (a "Liquidating Dividend"), then the Company will pay or distribute to the Registered Holder of this Warrant, upon the exercise or conversion hereof, in addition to the Warrant Shares purchased upon such exerciseexercise or conversion, 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 Shares entitled to such dividends or distribution are to be determined.

Appears in 1 contract

Samples: Nexx Systems Inc

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock (other payable otherwise than one payable in (i) cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) or (ii) except for a stock dividend payable in 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 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 1 contract

Samples: Rights Agreement (Tessera Technologies Inc)

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Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Capital Stock (other payable otherwise than one payable in (i) cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) or (ii) except for a stock dividend payable in shares of Common Stock) 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 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 Capital Stock entitled to such dividends or distribution are to be determined.

Appears in 1 contract

Samples: Vitaminshoppecom Inc

Liquidating Dividends. If the Company pays a dividend or makes a --------------------- distribution on the Common Stock (other payable otherwise than one payable in (i) cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) or (ii) except for a stock dividend payable in shares of Common Stock) 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 Shares Stock 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 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 (Cardiotech International Inc)

Liquidating Dividends. If the Company pays a dividend or makes a distribution on the Common Stock (other Stock, payable otherwise than one payable in (i) cash out of earnings or earned surplus (determined in accordance with generally accepted accounting principles) or (ii) ), except for a stock dividend payable in 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 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 1 contract

Samples: Register Com Inc

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