Common use of NOTICES OF RECORD DATES Clause in Contracts

NOTICES OF RECORD DATES. In the event of (i) any taking by Aurora of a record of the holders of any class of securities for the purpose of determining the holders thereof who are entitled to receive any dividend or other distribution (other than cash dividends out of earned surplus), or any right to subscribe for, purchase or otherwise acquire any shares of stock of any class or any other securities or property, or to receive any other right, or (ii) any capital reorganization of Aurora, any reclassification or recapitalization of the capital stock of Aurora or any transfer of all or substantially all the assets of Aurora to or consolidation or merger of Aurora with or into any other corporation, or (iii) any voluntary or involuntary dissolution, liquidation or winding-up of Aurora, then, and in each such event, Aurora will give notice to the holder of this Warrant specifying (x) the date on which any such record is to be taken for the purpose of such dividend, distribution or right and stating the amount and character of such dividend, distribution or right, and (y) the date on which any such reorganization, reclassification, recapitalization, transfer, consolidation, merger, dissolution, liquidation or winding-up is to take place, and the time, if any is to be fixed, as of which the holders of record of Common Stock will be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reorganization, reclassification, recapitalization, transfer, consolidation, merger, dissolution, liquidation or winding-up. Such notice shall be given at least twenty (20) days and not more than ninety (90) days prior to the date therein specified, and such notice shall state that the action in question or the record date is subject to the effectiveness of a registration statement under the Securities Act of 1933, as amended, or to a favorable vote of stockholders, if either is required.