NOTICE OF EXTRAORDINARY DIVIDENDS. If the Board of Directors of the Company shall declare any dividend or other distribution on its Common Stock except out of earned surplus or by way of a stock dividend payable in shares of its Common Stock, the Company shall mail notice thereof to the Holder hereof not less than thirty (30) days prior to the record date fixed for determining shareholders entitled to participate in such dividend or other distribution, and the Holder hereof shall not participate in such dividend or other distribution unless this Warrant is exercised prior to such record date. The provisions of this Section 9 shall not apply to distributions made in connection with transactions covered by Section 7.
Appears in 8 contracts
Samples: Warrant Agreement (Nbog Bancorporation Inc), Master Loan and Security Agreement (Biotransplant Inc), Warrant Agreement (Rhythms Net Connections Inc)
NOTICE OF EXTRAORDINARY DIVIDENDS. If the Board of Directors of the Company shall declare any dividend or other distribution on its Common Stock except out of earned surplus or by way of a stock dividend payable in shares of its Common Stock, the Company shall mail notice thereof to the Holder hereof not less than thirty (30) days prior to the record date fixed for determining shareholders entitled to participate in such dividend or other distribution, and the Holder hereof shall not participate in such dividend or other distribution unless this Warrant is exercised prior to such record date. The provisions of this Section 9 10 shall not apply to distributions made in connection with transactions covered by Section 78.
Appears in 5 contracts
Samples: Warrant Agreement (Cbeyond Communications Inc), Warrant Agreement (CTC Communications Group Inc), Warrant Agreement (Nhancement Technologies Inc)
NOTICE OF EXTRAORDINARY DIVIDENDS. If the Board of Directors of the --------------------------------- Company shall declare any dividend or other distribution on its Common Stock except out of earned surplus or by way of a stock dividend payable in shares of its Common Stock, the Company shall mail notice thereof to the Holder hereof not less than thirty (30) days prior to the record date fixed for determining shareholders entitled to participate in such dividend or other distribution, and the Holder hereof shall not participate in such dividend or other distribution unless this Warrant is exercised prior to such record date. The provisions of this Section 9 shall not apply to distributions made in connection with transactions covered by Section 7.
Appears in 4 contracts
Samples: Loan and Security Agreement (Tut Systems Inc), Master Loan and Security Agreement (Cardima Inc), Master Loan and Security Agreement (Keravision Inc /Ca/)
NOTICE OF EXTRAORDINARY DIVIDENDS. If the Board of Directors of the Company shall declare any dividend or other distribution on its Common Stock except out of earned surplus or by way of a stock dividend payable in shares of its Common Stock, the Company shall mail notice thereof to the Holder hereof not less than thirty (30) 15 days prior to the record date fixed for determining shareholders entitled to participate in such dividend or other distribution, and the Holder hereof shall not participate in such dividend or other distribution unless this Warrant is exercised prior to such record date. The provisions of this Section 9 10 shall not apply to distributions made in connection with transactions covered by Section 76(v).
Appears in 3 contracts
Samples: Warrant Agreement (Cisco Systems Capital CORP), Warrant Agreement (Cisco Systems Capital CORP), Warrant Agreement (Cisco Systems Capital CORP)
NOTICE OF EXTRAORDINARY DIVIDENDS. If the Board of Directors of --------------------------------- the Company shall declare any dividend or other distribution on its Common Stock except out of earned surplus or by way of a stock dividend payable in shares of its Common Stock, the Company shall mail notice thereof to the Holder hereof not less than thirty twenty (3020) days prior to the record date fixed for determining shareholders entitled to participate in such dividend or other distribution, and the Holder hereof shall not participate in such dividend or other distribution unless this Warrant is exercised prior to such record date. The provisions of this Section 9 shall not apply to distributions made in connection with transactions covered by Section 7.
Appears in 3 contracts
Samples: Stock Subscription Warrant (Curis Inc), Stock Subscription Warrant (Curis Inc), Stock Subscription Warrant (Curis Inc)
NOTICE OF EXTRAORDINARY DIVIDENDS. If the Board of Directors of the Company shall declare any dividend or other distribution on its Common Stock except out of earned surplus or by way of a stock dividend payable in shares of its Common Stock, then the Company shall mail notice thereof to the Holder hereof not less than thirty fifteen (3015) days prior to the record date fixed for determining shareholders entitled to participate in such dividend or other distribution, and the Holder hereof shall not participate in such dividend or other distribution unless this Warrant is exercised prior to such record date. The provisions of this Section 9 shall not apply to distributions made in connection with transactions covered by Section 78.
Appears in 2 contracts
Samples: Warrant Agreement (Exe Technologies Inc), Warrant Agreement (Exe Technologies Inc)
NOTICE OF EXTRAORDINARY DIVIDENDS. If the Board of Directors of the Company shall declare any dividend or other distribution on its Common Series A-2 Stock except out of earned surplus or by way of a stock dividend payable in shares of its Common Series A-2 Stock, the Company shall mail notice thereof to the Holder hereof not less than thirty (30) days prior to the record date fixed for determining shareholders entitled to participate in such dividend or other distribution, and the Holder hereof shall not participate in such dividend or other distribution unless this Warrant is exercised prior to such record date. The provisions of this Section 9 10 shall not apply to distributions made in connection with transactions covered by Section 78.
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NOTICE OF EXTRAORDINARY DIVIDENDS. If the Board of Directors of the Company shall declare any dividend or other distribution on its Common Stock except out of earned surplus or by way of a stock dividend payable in shares of its Common Stock, the Company shall mail notice thereof to the Holder hereof not less than thirty (30) days prior to the record date fixed for determining shareholders entitled to participate in such dividend or other distribution, and the Holder hereof shall not participate in such dividend or other distribution unless this Warrant is exercised prior to such record date. The provisions of this Section 9 10 shall not apply to distributions made in connection with transactions covered by Section 78.
Appears in 1 contract
