Common use of No Rights as Shareholders; Notice to Warrantholders Clause in Contracts

No Rights as Shareholders; Notice to Warrantholders. Nothing contained in this Warrant shall be construed as conferring upon the Warrantholder or his transferees the right to vote or to receive dividends or to consent or to receive notice as shareholders in respect of any meeting of shareholders for the election of directors of the Company or any other matter, or any rights whatsoever as shareholders of the Company. If, however, at any time prior to the expiration or exercise in full of the Warrants, any of the following events shall occur: (a) the Company shall declare any dividend payable in any securities upon its shares of Common Stock or make any distribution (other than a cash dividend) to the holders of its shares of Common Stock; or (b) the Company shall offer to the holders of its shares of Common Stock any additional shares of Common Stock or Common Stock Equivalents or any right to subscribe thereto; or (c) a dissolution, liquidation or winding up of the Company (other than in connection with a consolidation, merger, or sale of all or substantially all of its property, assets, and business as an entirety) shall be proposed; then, in any one or more of said events, the Company shall give notice of such event to the Warrantholder. Such giving of notice shall be initiated (i) at least 25 days prior to the date fixed as a record date or the date of closing the Company's Stock transfer books for the determination of the shareholders entitled to such dividend, distribution, or subscription rights, or for the determination of the shareholders entitled to vote on such proposed dissolution, liquidation or winding up. Such notice shall specify such record date or the date of closing the stock transfer books, as the case may be. Failure to provide such notice shall not affect the validity of any action taken in connection with such dividend, distribution or subscription rights, or proposed dissolution, liquidation or winding up.

No Rights as Shareholders; Notice to Warrantholders. Nothing contained in this Agreement or any Warrant Certificate shall be construed as conferring upon the any Warrantholder or his transferees the right to vote or to receive dividends or to consent or to receive notice as shareholders a shareholder in respect of any meeting of shareholders for the election of directors of the Company or of any other matter, or any rights whatsoever as shareholders of the Company. If, however, The Company shall give notice to the Warrantholders by certified mail if at any time prior to the expiration or exercise in full of the Warrants, any of the following events shall occur: (a) the Company shall declare authorize the payment of any dividend payable in any securities upon its shares of Common Stock or make authorize the making of any distribution (other than a regular cash dividenddividend or cash distribution paid out of funds legally available therefor and in the ordinary course of business) to the all holders of its shares of Common Stock; or; (b) the Company shall offer authorize the issuance to the all holders of its shares of Common Stock of any additional shares of Common Stock or Common Stock Equivalents or any right of rights, options or warrants to subscribe thereto; orfor or purchase Common Stock or Common Stock Equivalents or of any other subscription rights, options or warrants; (c) a dissolution, liquidation liquidation, or winding up of the Company (other than in connection with a consolidation, merger, or sale of all or substantially all of its property, assets, and business as an entirety) shall be proposed; then, or (d) a capital reorganization or reclassification of the Common Stock (other than a subdivision or combination of the outstanding Common Stock and other than a change in the par value of the Common Stock) or any consolidation or merger of the Company with or into another corporation (other than consolidation or merger which the Company is the continuing corporation and that does not result in any one reclassification or more change of said events, Common Stock outstanding) or in the case of any sale or conveyance to another corporation of the property of the Company shall give notice of such event to the Warrantholderas an entirety or substantially as an entirety. Such giving of notice shall be initiated (i) at least 25 days two Business Days prior to the date fixed as a record date or effective date or the date of closing of the Company's Stock ’s stock transfer books for the determination of the shareholders entitled to such dividend, distributiondistribution or issuance, or subscription rightsfor the determination of the shareholders entitled to such dividend, distribution or issuance, or for the determination of the shareholders entitled to vote on such proposed reorganization, dissolution, liquidation or winding up. Such notice shall specify such record date or the date of closing the stock transfer books, as the case may be. Failure to provide such notice shall not affect the validity of any action taken in connection with such dividend, distribution or subscription rightsissuance, or such proposed reorganization, dissolution, liquidation or winding up. All notices, requests, consents and other communications hereunder shall be in writing and shall be deemed to have been duly made and sent when delivered, or mailed by registered or certified mail, return receipt requested pursuant to Section 8.10.

No Rights as Shareholders; Notice to Warrantholders. Nothing contained in this Warrant shall be construed as conferring upon the Warrantholder or his transferees the right to vote or to receive dividends or to consent or to receive notice as shareholders a shareholder in respect of any meeting of shareholders for the election of directors of the Company or of any other matter, or any rights whatsoever as shareholders of the Company. If, however, The Company shall give notice to the Warrantholder by certified mail if at any time prior to the expiration or exercise in full of the WarrantsWarrant, any of the following events shall occur: (a) the Company shall declare any dividend payable in any securities upon or distribution with respect to its shares of Common Stock or make any distribution (other than a cash dividend) to the holders of its shares of Common Stock; orcapital stock; (b) the Company shall offer to the holders of its shares of Common Stock any additional shares of Common Stock or Common Stock Equivalents or any right to subscribe thereto; or (c) a dissolution, liquidation or winding up of the Company shall be proposed; or (other than in connection with c) any transaction (including, without limitation, a merger, consolidation, merger, or sale of all or substantially all of its property, the Company's assets, and business as an entirety) in which the Common Stock shall be proposed; then, changed into or exchanged for common stock or other securities of another corporation or interests in a noncorporate entity or other property (including cash) or any one or more combination of said events, any of the Company shall give notice of such event to the Warrantholderforegoing. Such giving of notice shall be initiated as soon as practicable, but in no event later than ten (i10) at least 25 days Business Days prior to the date fixed as a record date or effective date or the date of closing of the Company's Stock stock transfer books for the determination of the shareholders entitled to such dividend, dividend or distribution, or subscription rights, or for the determination of the shareholders entitled to vote on such proposed merger, consolidation, sale, conveyance, dissolution, liquidation or winding up. Such notice shall specify such record date or (i) the date on which a record is to be taken for the purpose of closing such dividend or distribution or, if a record is not to be taken, the date as of which the holders of shares of capital stock transfer books, as the case may be. Failure of record to provide be entitled to such notice shall not affect the validity of any action taken in connection with such dividend, dividend or distribution or subscription rightsare to be determined, or proposed (ii) the date on which such reclassification, consolidation, merger, sale, conveyance, dissolution, liquidation or winding upup is expected to become effective.