Common use of Notice of Dividends; Fixing of Record Date for Holders of Receipts Clause in Contracts

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever (i) any cash dividend or other cash distribution shall become payable, or any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the Stock, or (ii) the Depositary shall receive notice of any meeting at which holders of Stock are entitled to vote or of which holders of Stock are entitled to notice, or (iii) of any mandatory conversion of, or any election on the part of the Company to call for the redemption or exchange of, any shares of Stock, in accordance with the provisions of the applicable Certificate of Designation or otherwise, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Stock) for the determination of the holders of Receipts (x) who shall be entitled to receive SUCH DIVIDEND, DISTRIBUTION, RIGHTS, PREFERENCES OR PRIVILEGES OR THE NET PROCEEDS OF THE SALE THEREOF, OR (Y) WHO SHALL BE ENTITLED TO GIVE INSTRUCTIONS FOR THE EXERCISE OF VOTING RIGHTS AT ANY SUCH MEETING OR TO RECEIVE NOTICE OF SUCH MEETING OR OF SUCH CONVERSION, EXCHANGE OR REDEMPTION.

Appears in 4 contracts

Samples: Deposit Agreement (Allos Therapeutics Inc), Deposit Agreement (Allos Therapeutics Inc), Deposit Agreement (Allos Therapeutics Inc)

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