Common use of Other Distributions Clause in Contracts

Other Distributions. In the event the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iii), then, in each such case for the purpose of this Section 4(e), the holders of Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation Company shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation Company or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iiisubsection 5(d)(iii), then, in each such case for the purpose of this Section 4(esubsection 5(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation Company into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation Company entitled to receive such distribution.

Other Distributions. In the event the Corporation this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section subsection 4(d)(iii), then, in each such case for the purpose of this Section subsection 4(e), the holders of Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation corporation into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iiisubsection 3(iv)(iii), then, in each such case for the purpose of this Section 4(esubsection 3(v), the holders of the Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation this corporation into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation this corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iii5(d)(ii) or 5(d)(iii), then, in each such case for the purpose of this Section 4(e5(e), the holders of Series D Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation into which their shares of Series D Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets assets, cash (excluding cash dividendsdividends declared out of retained earnings) or options or rights not referred to in Section 4(d)(iii)5, then, in each such case for the purpose of this Section 4(e)7, the holders of Series E Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation into which their shares of Preferred Stock are would be convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation ------------------- shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iii5(d)(ii), then, in each such case for the purpose of this Section 4(e5(e), the holders of Series B- 1 Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation this Company shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation Company or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iiisubsection 5.1(a), then, in each such case for the purpose of this Section 4(e)5.2, the holders Holders of Preferred Stock the Warrants shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation Company into which their shares of Preferred Stock Warrants are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation Company entitled to receive such distribution.

Other Distributions. In the event the Corporation this Company shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this Company or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iii4(d)(i), then, in each such case for the purpose of this Section 4(e4(d), the holders of the Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation Company into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation Company entitled to receive such distribution.

Other Distributions. In the event the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the this Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iiiSubsection 5(c)(i), then, in each such case for the purpose of this Section 4(eSubsection 5(d), the holders of the Series C Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation into which their shares of Series C Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iiiSubsection 5(c)(i), then, in each such case for the purpose of this Section 4(eSubsection 5(d), the holders of the Series B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation into which their shares of Series B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iii)5(c)(i) hereof, then, in each such case for the purpose of this Section 4(e5(d), the holders of shares of Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of shares of Common Stock of the Corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation this Company shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this Company or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iii4(d)(i), then, in each such case for the purpose of this Section 4(e4(d), the holders of the Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation Company into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation Company entitled to receive such distribution.

Other Distributions. In the event the Corporation this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iiisubsection 4(c)(i), then, in each such case for the purpose of this Section 4(esubsection 4(d), the holders of Series B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation this corporation into which their shares of Series B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation this corporation entitled to receive such distribution.

Other Distributions. In Subject to the terms of Section 1, in the event the Corporation Company shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation Company or other persons, assets (excluding cash dividends) or options or rights not referred to in this Section 4(d)(iii)4, then, in each such case for the purpose of this Section 4(e)4, the holders of Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation Company into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation Company entitled to receive such distribution.

Other Distributions. In the event the Corporation this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section subsection 4(d)(iii), then, in each such case for the purpose of this Section subsection 4(e), the holders of the Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation this corporation into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation this corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation Company shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation Company or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iii5(c)(i), then, in each such case for the purpose of this Section 4(e5(d), the holders of the Series B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation Company into which their shares of such Series B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation Company entitled to receive such distribution.

Other Distributions. In the event the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iiiSubsection 5(c)(i), then, in each such case for the purpose of this Section 4(eSubsection 5(d), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation Company shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation Company or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iii), then, in each such case for the purpose of this Section 4(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation Company into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation Company entitled to receive such distribution.

Other Distributions. In the event the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iiisubsection 5(d)(i), then, in each such case for the purpose of this Section 4(esubsection 6(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Other Distributions. In the event the Corporation Company shall ------------------- declare or otherwise effect a dividend or distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation Company or other persons, assets (excluding cash dividends) or options or rights Common Stock Equivalents not referred to in Section 4(d)(iiisubsection 5(d)(i), then, in each such case for the purpose of this Section 4(e)case, the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such dividend or distribution as though they were the holders of the number of shares of Common Stock of the Corporation Company into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation Company entitled to receive such dividend or distribution.

Other Distributions. In the event the Corporation Company shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation Company or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iiisubsection 6(d)(i), then, in each such case for the purpose of this Section 4(esubsection 6(e), the holders of the Series B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation Company into which their shares of Series B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation Company entitled to receive such distribution.

Other Distributions. In the event the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, persons or assets (excluding cash dividends) or options or rights not referred to in Section 4(d)(iii), then, in each such case for the purpose of this Section 4(e)6, the holders of the Series B Convertible Preferred Stock shall be entitled entitled, upon conversion of the Series B Convertible Preferred Stock, to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Corporation into which their shares of Series B Convertible Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Other Distributions. In the event the this Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the this Corporation or other persons, assets (excluding cash dividends) or other options or rights not referred to in Section 4(d)(iiisubsection 5(d)(i), then, in each such case for the purpose of this Section 4(eSubsection 5(e), the holders of Preferred the Series A Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the this Corporation into which their shares of Preferred Series A Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the this Corporation entitled to receive such distribution.