Common use of NOTICE OF EXTRAORDINARY DIVIDENDS Clause in Contracts

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 not profits or by way of a stock dividend payable on its Common Stock, the Company shall mail notice thereof to the Holder not less than 30 days prior to the record date fixed for determining shareholders entitled to participate in such dividend or other distribution and the Holder shall not participate in such dividend or other distribution or be entitled to any rights on account or as a result thereof unless and to the extent that this Warrant is exercised prior to such record date. The provisions of this section shall not apply to distributions made in connection with transactions covered by (S) 5.

NOTICE OF EXTRAORDINARY DIVIDENDS. If the board Board of directors Directors of the Company shall declare any dividend or other distribution on its Class A Common Stock and/or its Class B Common Stock except out of earned surplus or not profits or by way of a stock dividend payable on its Common Stocksurplus, the Company shall mail notice thereof to the Holder holder of this Warrant not less than 30 days prior to the record date fixed for determining shareholders entitled to participate in such dividend or other distribution and the Holder holder of this Warrant shall not participate in such dividend or other distribution or be entitled to any rights on account or as a result thereof unless and to the extent that this Warrant is exercised prior to such record date. The provisions of this section paragraph shall not apply to distributions made in connection with transactions covered by (S) 5Section 2.