Common use of Means of Distribution Clause in Contracts

Means of Distribution. The Rights will be distributed to holders of the Company’s outstanding Common Stock as a dividend of one Right for each share of Common Stock. The Rights will also be attached to all future issuances of Common Stock prior to the Distribution Date (as defined below). Exercisability: Rights become exercisable on the earlier of: (i) the date of public announcement by the Company or by any person or group (an “Acquiring Person”) that such person or group has acquired beneficial ownership of 15% or more of the Company’s outstanding Common Stock, or (ii) the tenth business day (unless extended by the Board prior to the time a person becomes an Acquiring Person) following the commencement, or announcement of an intention to commence, by any person or group of a tender or exchange offer which would result in such person owning 15% or more of the outstanding Common Stock of the Company (the earlier of such dates is referred to as the “Distribution Date”), provided that an Acquiring Person does not include an Exempt Person or Grandfathered Person (as such terms are defined in the Rights Agreement). Rights will trade separately from the Common Stock once the Rights become exercisable. Purchase Price: $25.00 per one one-thousandth of a share of Series D Preferred, which is the amount that in the judgment of the Board of Directors represents the long-term value of one share of Common Stock over the term of the Rights Agreement (the “Purchase Price”).

Means of Distribution. The Rights will be distributed to holders of the Company’s outstanding Common Stock as a dividend of one Right for each share of Common Stock. The Rights will also be attached to all future issuances of Common Stock prior to the Distribution Date (as defined below). Exercisability: Rights become exercisable on the earlier of: (i) the tenth day after the date of public announcement by the Company or by any person or group (an “Acquiring Person”) that such person or group has acquired beneficial ownership of 15% or more of the Company’s outstanding Common Stock, or (ii) the tenth business day (unless extended by the Board prior to the time a person becomes an Acquiring Person) following the commencement, or announcement of an intention to commence, by any person or group of a tender or exchange offer, including an offer commenced prior to the date hereof, which would result in such person owning 15% or more of the outstanding Common Stock of the Company (the earlier of such dates is referred to as the “Distribution Date”), provided that an Acquiring Person does not include an Exempt Person or Grandfathered Person (as such terms are term is defined in the Rights Agreement). Rights will trade separately from the Common Stock once the Rights become exercisable. Purchase Price: $25.00 per one one-thousandth of a share of Series D Preferred, which is the amount that in the judgment of the Board of Directors represents the long-term value of one share of Common Stock over the term of the Rights Agreement (the “Purchase Price”).

Means of Distribution. The Rights will be distributed to holders of the Company’s outstanding Common Stock as a dividend of one Right for each share of Common Stock. The Rights will also be attached to all future issuances of Common Stock prior to the Distribution Date (as defined below). Exercisability: Rights become exercisable on the earlier of: (i) the tenth day after the date of public announcement by the Company or by any person or group (an “Acquiring Person”) that such person or group has acquired beneficial ownership of 15% or more of the Company’s outstanding Common Stock, or (ii) the tenth business day (unless extended by the Board prior to the time a person becomes an Acquiring Person) following the commencement, or announcement of an intention to commence, by any person or group of a tender or exchange offer which would result in such person owning 15% or more of the outstanding Common Stock of the Company (the earlier of such dates is referred to as the “Distribution Date”), provided that an Acquiring Person does not include an Exempt Person or Grandfathered Person (as such terms are defined in the Rights Agreement). Rights will trade separately from the Common Stock once the Rights become exercisable. Purchase Price: $25.00 per one one-thousandth of a share of Series D Preferred, which is the amount that in the judgment of the Board of Directors represents the long-term value of one share of Common Stock over the term of the Rights Agreement (the “Purchase Price”).

Means of Distribution. The Rights will be distributed to holders of the Company’s 's outstanding Common Stock as at a dividend of one Right for each share of Common Stock. The Rights will also be attached to all future issuances of Common Stock prior to the Distribution Date (as defined below). Exercisability: Rights become exercisable on the earlier of: (i) the tenth day following the date of public announcement by the Company or by any person or group (an “Acquiring Person”) that such person or group has acquired beneficial ownership of 154.95% or more of the Company’s 's outstanding Common Stock, or (ii) the tenth business day (unless extended by the Board prior to the time a person becomes an Acquiring Person) following the commencement, or announcement of an intention to commence, by any person or group of a tender or exchange offer which would result in such person owning 154.95% or more of the outstanding Common Stock of the Company (the earlier of such dates is being referred to as the “Distribution Date”), provided that an Acquiring Person does not include an Exempt Person or Grandfathered Person (as such terms are term is defined in the Rights Agreement). Rights will trade separately from the Common Stock once the Rights become exercisable. Purchase Exercise Price: $25.00 150.00 per one one-thousandth of a share of Series D PreferredPreferred Stock, which is the amount that in the judgment of the Board of Directors represents the long-term value of one share of the Common Stock over the term of the Rights Agreement (the “Purchase Exercise Price”).