Common use of Notice of Certain Actions Clause in Contracts

Notice of Certain Actions. In the event the Company ------------------------- shall: (a) declare any dividend payable in capital stock to all holders of Common Stock or make any other distribution to all holders of Common Stock (b) offer to all holders of Common Stock rights to subscribe for or purchase any shares of any class of stock or any other rights or options or (c) effect any reclassification of Common Stock or any capital reorganization, or any consolidation or merger, or any sale, transfer or other disposition of its property, assets and business substantially as an entirety, or the liquidation, dissolution or winding up of the Company, in a transaction which gives the Holder rights under Section 2.1 or Section 2.4; then, in each such case, the Company shall cause written notice of such proposed action to be mailed to the Holder. Such notice shall specify the date on which the books of the Company shall close, or a record be taken, for determining holders of Common Stock entitled to receive such stock dividend or other distribution or such rights or options, or the date on which such reclassification, subdivision, combination, reorganization, consolidation, merger, sale, transfer, other disposition, liquidation, dissolution, winding up or exchange shall take place or commence, as the case may be, and the date as of which it is expected that holders of record of Common Stock shall be entitled to receive securities or other property deliverable upon such action, if any such date has been fixed. Such notice shall be mailed, in the case of any action covered by Sections 2.5(a) or (b) above, at least fifteen (15) calendar days prior to the record date for determining holders of the Common Stock for purposes of receiving such payment or offer, and, in the case of any action covered by Section 2.5(c) above, at least fifteen (15) calendar days prior to the earlier of the date upon which such action is to take place or any record date to determine the holders of Common Stock which are entitled to receive such securities or other property.

Notice of Certain Actions. In the event the Company ------------------------- shall: : (a) declare any dividend payable in capital stock to all the holders of the Common Stock or make any other distribution in property other than cash to all the holders of the Common Stock Stock; (b) offer to all the holders of the Common Stock rights to subscribe for or purchase any shares of any class of stock or any other rights or options or options; or (c) effect any reclassification of the Common Stock (other than a reclassification involving merely the subdivision or combination of outstanding shares of Common Stock) or any capital reorganization, reorganization or any consolidation or mergermerger (other than a merger in which no distribution of securities or other property is made to holders of Common Stock), or any sale, transfer or other disposition of its property, assets and business substantially as an entirety, or the liquidation, dissolution or winding up of the Company, in a transaction which gives the Holder rights under Section 2.1 or Section 2.4; then, in each such case, the Company shall cause written mail notice of such proposed action to be mailed the Warrant Agent at least thirty (30) days prior to such action and shall cause the HolderWarrant Agent to mail such notice to each registered holder of a Warrant Certificate. Such notice shall specify the date on which the books of the Company shall close, or a record be taken, for determining holders of Common Stock entitled to receive such stock dividend or other distribution or such rights or options, or the date on which such reclassification, subdivision, combination, reorganization, consolidation, merger, sale, transfer, other disposition, liquidation, dissolution, winding up or exchange shall take place or commence, as the case may be, and the date as of which it is expected that holders of record of Common Stock shall be entitled to receive securities or other property deliverable upon such action, if any such date has been fixed. Such notice to the Warrant Agent shall be mailed, mailed in the case of any action covered by Sections 2.5(aparagraph (a) or (b) aboveof this Section 4.8, at least fifteen (15) calendar days prior to the record date for determining holders of the Common Stock for purposes of receiving such payment or offer, and, and in the case of any action covered by paragraph (c) of this Section 2.5(c) above4.8, at least fifteen (15) calendar days prior to the earlier of the date upon which such action is to take place or any record date to determine the holders of Common Stock which are entitled to receive such securities or other property.