Common use of Notice of Distribution Clause in Contracts

Notice of Distribution. If the Board of Directors of the Company shall declare any dividend or other distribution with respect to its Common Stock other than a cash distribution out of earned surplus, the Company shall mail notice thereof to the Holder of this Warrant not less than twenty (20) days prior to the record date fixed for determining stockholders entitled to participate in such dividend or other distribution. Each such written notice shall be sufficiently given if addressed to the Holder at the last address of the Holder appearing on the books of the Company and delivered in accordance with Section 16(d) hereof.

Appears in 5 contracts

Samples: Reimbursement and Warrant Agreement (Akorn Inc), Common Stock Purchase (Akorn Inc), Modification, Warrant and Investor Rights Agreement (Akorn Inc)

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Notice of Distribution. If the Board of Directors of the Company shall declare any dividend or other distribution with respect to its Common Stock (other than a quarterly cash dividend or a dividend or distribution out of earned surplusfor which an adjustment will be made hereunder) or if the Company shall enter into any Transaction, the Company shall mail notice thereof to notify the Holder of this Warrant not less than twenty (20) 15 days prior to the record date fixed for determining stockholders shareholders entitled to participate participation in such dividend or other distribution. Each distribution or the consummation of such written notice shall be sufficiently given if addressed to the Holder at the last address of the Holder appearing on the books of the Company and delivered in accordance with Section 16(d) hereofTransaction.

Appears in 2 contracts

Samples: Warrant Agreement (Corecomm LTD /De/), Warrant Agreement (Corecomm LTD /De/)

Notice of Distribution. If the Board of Directors of the Company shall declare any dividend or other distribution with respect to its Common Stock other than a cash distribution out of earned surplus, the Company shall mail notice thereof to the Holder of this Warrant not less than twenty ten (2010) days prior to the record date fixed for determining stockholders entitled to participate in such dividend or other distribution. Each such written notice shall be sufficiently given if addressed to the Holder at the last address of the Holder appearing on the books of the Company and delivered in accordance with Section 16(d17(d) hereof.

Appears in 2 contracts

Samples: Common Stock Purchase (Artes Medical Inc), Artes Medical Inc

Notice of Distribution. If the Board of Directors of the Company shall declare any dividend or other distribution with respect to its Common Stock other than a cash distribution out of earned surplus, the Company shall mail notice thereof to the Holder of this Warrant Warrants not less than twenty ten (2010) days prior to the record date fixed for determining stockholders entitled to participate in such dividend or other distribution. Each such written notice shall be sufficiently given if addressed to the Holder at the last address of the Holder Xxxxxx appearing on the books of the Company and delivered in accordance with Section 16(d) hereof).

Appears in 1 contract

Samples: Oscient Pharmaceuticals Corp

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Notice of Distribution. If the Board of Directors of the Company shall declare any dividend or other distribution with respect to its Common Stock other than a cash distribution out of earned surplus, the Company shall mail notice thereof to the Holder of this Warrant Warrants not less than twenty ten (2010) days prior to the record date fixed for determining stockholders entitled to participate in such dividend or other distribution. Each such written notice shall be sufficiently given if addressed to the Holder at the last address of the Holder Xxxxxx appearing on the books of the Company and delivered in accordance with Section 16(d) hereof17(d).

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Oscient Pharmaceuticals Corp)

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