Common use of Notice to Warrant Holders Clause in Contracts

Notice to Warrant Holders. So long as this Warrant shall be ---------------------------- outstanding, (i) if the Company shall pay any dividend or make any distribution upon its Common Stock, or (ii) if the Company shall offer to the holders of Common Stock for subscription or purchase by them any shares of stock or securities of any class or any other rights, or (iii) if any capital reorganization of the Company, reclassification of the capital stock of the Company, consolidation or merger of the Company with or into another corporation, or any conveyance of all or substantially all of the assets of the Company, or voluntary or involuntary dissolution or liquidation of the Company shall be effected, then, in any such case, the Company shall cause to be mailed to the Holder, at least thirty (30) days prior to the date specified in (x) or (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date which shall be (x) the record date for determining the stockholders of the Company entitled to receive such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation is to take place and the date, if any is to be fixed, as of which the holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation.

Appears in 13 contracts

Samples: Penn Octane Corp, Penn Octane Corp, Penn Octane Corp

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Notice to Warrant Holders. So long as this Warrant shall be ---------------------------- outstanding, ------------------------- (i) if the Company shall pay any dividend or make any distribution upon its Common Stock, or (ii) if the Company shall offer to the holders of Common Stock for subscription or purchase by them any shares of stock or securities of any class or any other rights, or (iii) if any capital reorganization of the Company, reclassification of the capital stock of the Company, consolidation or merger of the Company with or into another corporation, or any conveyance of all or substantially all of the assets of the Company, or voluntary or involuntary dissolution or liquidation of the Company shall be effected, then, in any such case, the Company shall cause to be mailed to the Holder, at least thirty (30) days prior to the date specified in (x) or (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which shall be (x) a record is to be taken for the record date for determining the stockholders purpose of the Company entitled to receive such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation is to take place and the date, if any is to be fixed, as of which the holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation.

Appears in 9 contracts

Samples: Rollover and Assignment Agreement (Penn Octane Corp), Purchase Agreement (Penn Octane Corp), Penn Octane Corp

Notice to Warrant Holders. So long as this Warrant shall be ---------------------------- -------------------------- outstanding, (i) if the Company shall pay any dividend or make any distribution upon its Common Stock, or (ii) if the Company shall offer to the holders of Common Stock for subscription or purchase by them any shares of stock or securities of any class or any other rights, or (iii) if any capital reorganization of the Company, reclassification of the capital stock of the Company, consolidation or merger of the Company with or into another corporation, or any conveyance of all or substantially all of the assets of the Company, or voluntary or involuntary dissolution or liquidation of the Company shall be effected, then, in any such case, the Company shall cause to be mailed to the Holder, at least thirty (30) days prior to the date specified in (x) or (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which shall be (x) a record is to be taken for the record date for determining the stockholders purpose of the Company entitled to receive such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation is to take place and the date, if any is to be fixed, as of which the holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation.

Appears in 7 contracts

Samples: Purchase Agreement (Penn Octane Corp), Penn Octane Corp, Penn Octane Corp

Notice to Warrant Holders. So long as this Warrant shall be ---------------------------- outstanding, (i) if the Company shall propose to pay any dividend or make any distribution upon its Common Stock, or (ii) if the Company shall propose to offer to the holders of Common Stock for subscription or purchase by them any shares of stock or securities of any class or any other rights, or (iii) if any capital reorganization of the Company, reclassification of the capital stock of the Company, consolidation consolidation, or merger of the Company with or into another corporation, or any conveyance of all or substantially 14 WARRANT all of the assets of the Company, or voluntary or involuntary dissolution or liquidation of the Company shall be effectedproposed, then, in any such case, the Company shall cause to be mailed to the Holder, at least thirty twenty-one (3021) days prior to the date specified in (x) or (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which shall be (x) a record is to be taken for the record date for determining the stockholders purpose of the Company entitled to receive such dividend, distribution distribution, or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, dissolution dissolution, or liquidation is to take place and the date, if any is to be fixed, as of which the holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation.

Appears in 2 contracts

Samples: First Investors Financial Services Group Inc, First Investors Financial Services Group Inc

Notice to Warrant Holders. So long as this Warrant shall be ---------------------------- outstanding, (i) if the Company shall pay any dividend or make any distribution discribution upon its Common Stock, or (ii) if the Company shall offer to the holders of Common Stock for subscription or purchase by them any shares of stock or securities of any class or any other rights, ,or (iii) if any capital reorganization of the Company, reclassification of the capital stock of or the Company, consolidation or merger of the Company with or into another corporation, or any conveyance of all or substantially all of the assets of the Company, or voluntary or involuntary dissolution or liquidation of the Company shall be effected, then, in any such case, the Company shall cause to be mailed to the Holder, at least thirty twenty-one (3021) days prior to the date specified in (x) or (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which shall be (x) a record is to be taken for the record date for determining the stockholders purpose of the Company entitled to receive such dividend, distribution or rightstights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation is to take place and the date, if any is to be fixed, as of which the holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassificationreclassificaiton, reorganizationreorgainzaiton, consolidation, merger, conveyance, dissolution or liquidation. Such mailing shall be a condition precendent to takin of the action proposed to be taken by the Company.

Appears in 2 contracts

Samples: Loan Agreement (Penn Octane Corp), Loan Agreement (Penn Octane Corp)

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Notice to Warrant Holders. So long as this Warrant shall be ---------------------------- outstanding, (i) if the Company shall pay any dividend or make any distribution upon its Common Stock, or (ii) if the Company shall offer to the holders of Common Stock for subscription or purchase by them any shares of stock or securities of any class or any other rights, or (iii) if any capital reorganization of the Company, reclassification of the capital stock of the Page 26 of 106 Company, consolidation or merger of the Company with or into another corporation, or any conveyance of all or substantially all of the assets of the Company, or voluntary or involuntary dissolution or liquidation of the Company shall be effected, then, in any such case, the Company shall cause to be mailed delivered to the HolderHolder pursuant to Section 14 of the Agreement, at least thirty twenty (3020) days prior to the date specified in (x) or (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which shall be (x) a record is to be taken for the record date for determining the stockholders purpose of the Company entitled to receive such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation is to take place and the date, if any is to be fixed, as of which the holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation.

Appears in 1 contract

Samples: Penn Octane Corp

Notice to Warrant Holders. So long as this Warrant shall be ---------------------------- outstanding, (i) if the Company shall pay any dividend or make any distribution upon its Common Stock, or (ii) if the Company shall offer to the holders of Common Stock for subscription or purchase by them any shares of stock or securities of any class or any other rights, or (iii) if any capital reorganization of the Company, reclassification of the capital stock of the Company, consolidation or merger of the Company with or into another corporation, or any conveyance of all or substantially all of the assets of the Company, or voluntary or involuntary dissolution or liquidation of the Company shall be effected, then, in any such case, the Company shall cause to be mailed to the Holder, at least thirty (30) days prior to the date specified in (x) or (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which shall be (x) a record is to be taken for the record date for determining the stockholders purpose of the Company entitled to receive such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation is to take place and the date, if any is to be fixed, as of which the holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation.

Appears in 1 contract

Samples: Penn Octane Corp

Notice to Warrant Holders. So long as this Warrant shall be ---------------------------- -------------------------- outstanding, (i) if the Company shall pay any dividend or make any distribution upon its Common Stock, or (ii) if the Company shall offer to the holders of Common Stock for subscription or purchase by them any shares of stock or securities of any class or any other rights, or (iii) if any capital reorganization of the Company, reclassification of the capital stock of or the Company, consolidation or merger of the Company with or into another corporation, or any conveyance of all or substantially all of the assets of the Company, or voluntary or involuntary dissolution or liquidation of the Company shall be effected, then, in any such case, the Company shall cause to be mailed to the Holder, at least thirty twenty-one (3021) days prior to the date specified in (x) or (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which shall be (x) a record is to be taken for the record date for determining the stockholders purpose of the Company entitled to receive such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation is to take place and the date, if any is to be fixed, as of which the holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution or liquidation.

Appears in 1 contract

Samples: Purchase Agreement (Penn Octane Corp)

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