Common use of NO RIGHTS AS STOCKHOLDER; NOTICES TO HOLDER Clause in Contracts

NO RIGHTS AS STOCKHOLDER; NOTICES TO HOLDER. Nothing contained herein shall be construed as conferring upon the Holder hereof (solely in its capacity as the Holder hereof) the right to vote or to receive dividends or to consent to or receive notice as a stockholder of the Company in respect of any meeting of stockholders for the election of directors of the Company or any other matter, or any rights whatsoever as a stockholder of the Company. If, however, at any time prior to the Expiration Date and prior to the exercise in full of this Warrant, any of the following events shall occur: (a) the Company shall declare any dividend or other distribution upon its outstanding shares of Common Stock payable otherwise than in cash out of its retained earnings or in shares of Common Stock; or (b) the Company shall authorize the granting to all holders of its outstanding shares of Common Stock any rights, options or warrants to subscribe to or purchase any shares of Common Stock or securities convertible into shares of Common Stock; or (c) any reclassification of the Common Stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock), or any consolidation or merger to which the Company is a party and for which approval of any stockholders of the Company is required, or any sale, lease, license, transfer or other disposition of all or substantially all of the assets of the Company, or a dissolution, liquidation or winding up of the Company shall be proposed; then in any one or more of such events, the Company shall give notice in writing of such event to the Holder hereof, as provided in Section 9 hereof. Such notice shall be given at least 10 days prior to the date fixed as a record date or the date of closing the transfer books for the determination of the stockholders for purposes of such event. Such notice shall specify such record date or the date of closing the transfer books, as the case may be.