Common use of Notice of Certain Actions Clause in Contracts

Notice of Certain Actions. In case at any time: 5.9.1. the Company shall declare any dividend upon shares of its capital stock payable in securities or make any special dividend or other distribution; 5.9.2. the Company shall offer for subscription pro rata to the holders of any class of its capital stock any additional securities of any class or other rights; 5.9.3. there shall be any capital reorganization, or reclassification of the capital stock of the Company, or consolidation or merger of the Company with, or sale of all or substantially all its assets to, another corporation; 5.9.4. there shall be a voluntary or involuntary dissolution, liquidation or winding-up of the Company; or 5.9.5. the Company shall enter into an agreement or adopt a plan for the purpose of effecting a consolidation, merger, or sale of all or substantially all of its assets; then, in any one or more of said cases, the Company shall give written notice, by first class mail, postage prepaid, to the registered holder hereof, of the date on which (a) the books of the Company shall close or a record shall be taken for such dividend, distribution or subscription rights, or (b) such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation or winding-up shall take place, as the case may be. Such notice shall also specify the date as of which the holders of shares of record shall participate in such dividend, distribution or subscription rights, or shall be entitled to exchange their shares for securities or other property deliverable upon such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation, or winding-up, as the case may be. Such written notice shall be given at least 30 days prior to the action in question and not less than 30 days prior to the record date or the date on which the Company’s transfer books are closed in respect thereto.

Notice of Certain Actions. In case at any time: 5.9.1. the Company shall declare any dividend upon shares of its capital stock payable in securities or make any special dividend or other distribution; 5.9.2. the Company shall offer for subscription pro rata to the holders of any class of its capital stock any additional securities of any class or other rights; 5.9.3. there shall be any capital reorganization, or reclassification of the capital stock of the Company, or consolidation or merger of the Company with, or sale of all or substantially all its assets to, another corporation; 5.9.4. there shall be a voluntary or involuntary dissolution, liquidation or winding-up of the Company; or 5.9.5. the Company shall enter into an agreement or adopt a plan for the purpose of effecting a consolidation, merger, or sale of all or substantially all of its assets; then, in any one or more of said cases, the Company shall give written notice, by first class mail, postage prepaid, to the registered holder hereof, of the date on which (a) the books of the Company shall close or a record shall be taken for such dividend, distribution or subscription rights, or (b) such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation or winding-up shall take place, as the case may be. Such notice shall also specify the date as of which the holders of shares of record shall participate in such dividend, distribution or subscription rights, or shall be entitled to exchange their shares for securities or other property deliverable upon such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation, or winding-up, as the case may be. Such written notice shall be given at least 30 days prior to the action in question and not less than 30 days prior to the record date or the date on which the Company’s 's transfer books are closed in respect thereto.

Notice of Certain Actions. In Without limiting any provision of the Purchase Agreement or contained herein, in case at any time: 5.9.1. the Company shall declare any dividend upon shares of its capital stock payable in securities or make any special dividend or other distribution; 5.9.2. (i) the Company shall offer for subscription pro rata to the holders of any class its shares of its capital stock Senior Preferred Stock any additional securities shares of stock of any class or other rights; 5.9.3. (ii) there shall be any capital reorganization, reorganization or reclassification of the capital stock of the Company, or consolidation or merger of the Company with, or sale of all or substantially all its assets to, another corporation;; or 5.9.4. (iii) there shall be a voluntary or involuntary dissolution, liquidation or winding-up of the Company; or 5.9.5. the Company shall enter into an agreement or adopt a plan for the purpose of effecting a consolidation, merger, or sale of all or substantially all of its assets; then, in any one or more of said cases, the Company shall give written notice, by first class mail, postage prepaid, notice to the registered holder hereof, of the date on which (aA) the books of the Company shall close or a record shall be taken for such dividend, distribution or subscription rights, transaction or (bB) such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation or winding-up shall take place, as the case may be. Such notice shall also specify the date as of which the holders of shares of Senior Preferred Stock of record shall participate in such dividend, distribution or subscription rights, transaction or shall be entitled to exchange their shares of Senior Preferred Stock for securities or other property deliverable upon such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation, or winding-up, as the case may be. Such written notice shall be given at least 30 days prior to the action in question and not less than 30 days prior to the record date or the date on which the Company’s 's transfer books are closed in respect thereto.

Notice of Certain Actions. In case at any time: 5.9.1. (1) the Company shall declare any dividend upon shares of its capital stock payable in securities or make any special dividend or other distribution; 5.9.2. (2) the Company shall offer for subscription pro rata to the holders of any class of its capital stock any additional securities of any class or other rights; 5.9.3. (3) there shall be any capital reorganization, or reclassification of the capital stock of the Company, or consolidation or merger of the Company with, or sale of all or substantially all its assets to, another corporation;; or 5.9.4. (4) there shall be a voluntary or involuntary dissolution, liquidation or winding-up of the Company; or 5.9.5. the Company shall enter into an agreement or adopt a plan for the purpose of effecting a consolidation, merger, or sale of all or substantially all of its assets; then, in any one or more of said cases, the Company shall give written notice, by first class mail, postage prepaid, notice in the manner provided in Section 11 to the registered holder Holder hereof, of the date on which (a) the books of the Company shall close or a record shall be taken for such dividend, distribution or subscription rights, or (b) such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation or winding-up shall take place, as the case may be. Such notice shall also specify the date as of which the holders of shares of record shall participate in such dividend, distribution or subscription rights, or shall be entitled to exchange their shares for securities or other property deliverable upon such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation, or winding-up, as the case may be. Such written notice shall be given at least 30 days prior to the action in question and not less than 30 days prior to the record date or the date on which the Company’s 's transfer books are closed in respect thereto.

Notice of Certain Actions. In case at any time: 5.9.1. (1) the Company shall declare any discretionary dividend upon shares any class of its capital stock payable in securities or make any special dividend or other distribution; 5.9.2. (2) the Company shall offer for subscription pro rata to the holders of any class of its capital stock any additional securities of any class or other rights; 5.9.3. (3) there shall be any capital reorganization, or reclassification of the capital stock of the Company, or consolidation or merger of the Company with, or sale of all or of substantially all its assets or stock to, another corporation; 5.9.4. (4) there shall be a voluntary or involuntary dissolution, liquidation or winding-up of the Company; or 5.9.5. (5) the Company shall enter into an agreement or adopt a plan for the purpose of effecting a consolidation, merger, or sale of all or substantially all of its assetsassets or stock, other than a merger where the Company is the surviving corporation and the terms of the Company's capital stock remain unchanged; then, in any one or more of said cases, the Company shall give written notice, by first class mail, postage prepaid, to the registered holder hereofowner of this Warrant, of the date on which (a) the books of the Company shall close or a record shall be taken for such dividend, distribution or subscription rights, or (b) such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation or winding-up shall take place, as the case may be. Such notice shall also specify the date as of which the holders owners of shares any class of capital stock of record shall participate in such dividend, distribution or subscription rights, or shall be entitled to exchange their shares capital stock for securities or other property deliverable upon such reorganization, reclassification, consolidation, merger, merger sale, dissolution, liquidation, liquidation or winding-up, up as the case may be. Such written notice shall be given at least 30 days prior to the action in question if practicable and not less than 30 days prior to the record date or the date on which the Company’s 's transfer books are closed in respect theretothereto if practicable.

Notice of Certain Actions. In case at any time: 5.9.1. (1) the Company shall declare any discretionary dividend upon shares any class of its capital stock payable in securities or make any special dividend or other distribution; 5.9.2. (2) the Company shall offer for subscription pro rata to the holders of any class of its capital stock any additional securities of any class or other rights; 5.9.3. (3) there shall be any capital reorganization, or reclassification of the capital stock of the Company, or consolidation or merger of the Company with, or sale of all or of substantially all its assets or stock to, another corporation; 5.9.4. (4) there shall be a voluntary or involuntary dissolution, liquidation or winding-up of the Company; or 5.9.5. (5) the Company shall enter into an agreement or adopt a plan for the purpose of effecting a consolidation, merger, or sale of all or substantially all of its assetsassets or stock, other than a merger where the Company is the surviving corporation and the terms of the Company's capital stock remain unchanged; then, in any one or more of said cases, the Company shall give written notice, by first class mail, postage prepaid, to the registered holder hereofowner of this Warrant, of the date on which (a) the books of the Company shall close or a record shall be taken for such dividend, distribution or subscription rights, or (b) such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation or winding-up shall take place, as the case may be. Such notice shall also specify the date as of which the holders owners of shares any class of capital stock of record shall participate in such dividend, distribution or subscription rights, or shall be entitled to exchange their shares capital stock for securities or other property deliverable upon such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation, liquidation or winding-up, up as the case may be. Such written notice shall be given at least 30 days prior to the action in question if practicable and not less than 30 days prior to the record date or the date on which the Company’s 's transfer books are closed in respect theretothereto if practicable.