Notices to Holder. So long as this Warrant shall be outstanding and any portion of it shall be unexercised, (i) if the Company shall pay any dividend or make any distribution upon the 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 of any class or any other rights or (iii) if any capital reorganization of the Company, reclassification of the Company’s capital stock, consolidation or merger of the Company with or into another corporation, sale, lease or transfer of all or substantially all of the Company’s property and assets to another corporation, or voluntary or involuntary dissolution, liquidation or winding up of the Company shall be effected, then in any such case, the Company shall cause to be delivered to the Holder, at least ten 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 (x) a record is to be taken for the purpose of such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, lease, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which the holders of record of Common Stock shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution, liquidation or winding up. The record date for any such actions or events shall not be less than ten days after the date on which the Company gives the Holder the notice thereof specified by this Section 8.
Appears in 3 contracts
Samples: Warrant Agreement (Molecular Imaging Corp), Warrant Agreement (Molecular Imaging Corp), Warrant Agreement (Molecular Imaging Corp)
Notices to Holder. So long as this Warrant shall be outstanding and any portion of it shall be unexercised, (i) if the Company shall pay any dividend or make any distribution upon the 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 of any class or any other rights or (iii) if any capital reorganization of the Company, reclassification of the Company’s capital stock, consolidation or merger of the Company with or into another corporation, sale, lease or transfer of all or substantially all of the Company’s property and assets to another corporation, or voluntary or involuntary dissolution, liquidation or winding up of the Company shall be effected, then in any such case, the Company shall cause to be delivered to the Holder, at least ten 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 (x) a record is to be taken for the purpose of such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, lease, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which the holders of record of Common Stock shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution, liquidation or winding up. The record date for any such actions or events shall not be less than ten days after the date on which the Company gives the Holder the notice thereof specified by this Section 8.
Appears in 2 contracts
Samples: Warrant Agreement (Mobile Pet Systems Inc), Warrant Agreement (Mobile Pet Systems Inc)
Notices to Holder. So long as this Warrant shall be outstanding and any portion of it shall be unexercisedoutstanding, (ia) if the Company shall propose to pay any dividend dividends or make any distribution upon the Class B Common Stock or (iib) if the Company shall offer generally to the holders of Junior Common Stock for subscription the right to subscribe to or purchase by them any shares of stock of any class of Junior Common Stock or securities convertible into Junior Common Stock or any other similar rights or (iiic) if there shall be any (or any vote regarding any) proposed capital reorganization of the CompanyCompany in which the Company is not the surviving entity, reclassification recapitalization of the Company’s capital stockstock of the company, consolidation or merger of the Company with or into another corporation, sale, lease or other transfer of all or substantially all of the Company’s property and assets to another corporationof the Company, or voluntary or involuntary dissolution, liquidation or winding up of the Company shall be effectedCompany, then in any such caseevent, the Company shall cause to be delivered deposited with an nationally recognized air courier, addressed to the Holder, Holder hereof at the address appearing on the records of the Company at least ten 60 days prior to the relevant date specified described below (or the longest period as is reasonably possible if 60 days is not reasonably possible, but in (x) or (y) below, as the case may beno event less than 30 days), a notice containing a brief description of the proposed action and stating the date or expected date on which (x) a record of the Company's stockholders is to be taken for the purpose of any such dividend, distribution or of rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, leaselease or transfer, dissolution, liquidation or winding up is to take place and the date or expected date, if any is to be fixed, as of which the holders of record of Junior Common Stock of record shall be entitled to exchange their shares of Junior Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution, liquidation or winding up. The record date for any such actions or events shall not be less than ten days after the date on which the Company gives the Holder the notice thereof specified by this Section 8event.
Appears in 2 contracts
Samples: Warrant Agreement (Commerce Security Bancorp Inc), Warrant Agreement (Commerce Security Bancorp Inc)