Common use of Other Dividends and Distributions Clause in Contracts

Other Dividends and Distributions. Subject to the provisions of this Section 7(c), if Company shall, at any time or from time to time after the Issue Date, make or declare, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or any other distribution payable in securities of Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of outstanding shares of Common Stock), cash or other property, then, and in each such event, provision shall be made so that the Holder shall receive upon exercise of the Warrant, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of securities of Company, cash or other property which the Holder would have been entitled to receive had the Warrant been exercised in full into Warrant Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined), retained such securities, cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the Warrant had been exercised in full into Warrant Shares on the date of such event.

Appears in 10 contracts

Samples: Credit Agreement (C-Iii Capital Partners LLC), Credit Agreement (C-Iii Capital Partners LLC), Credit Agreement (Grubb & Ellis Co)

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Other Dividends and Distributions. Subject to If the provisions of this Section 7(c), if Company shall, at any time or from time to time after the Issue Date, shall make or declare, or fix a record date for the determination of holders of Common Stock equity securities entitled to receive, a dividend or any other distribution payable in cash, securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of outstanding shares of Common Stock), cash or other property, then, and in each such event, provision the Company shall be ensure that provisions are made so that the Holder shall receive upon exercise of the this Warrant, in addition to the number of Warrant the Shares receivable thereupon, the kind and amount of cash, securities of Company, cash the Company or other property which the Holder would have been entitled to receive had the this Warrant been exercised in full into Warrant the Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)date this Warrant is exercised, retained such securitiescash, cash securities or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common Stockequity securities, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the this Warrant had been exercised in full into Warrant the Shares on the date of such event.

Appears in 8 contracts

Samples: Dragonfly Energy Holdings Corp., Luxurban Hotels Inc., Dragonfly Energy Holdings Corp.

Other Dividends and Distributions. Subject to If the provisions of this Section 7(c), if Company shall, at any time or from time to time after the Issue Date, make or declare, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or any other distribution payable in cash, securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of outstanding shares of Common Stock), cash ) or other property, then, and in each such event, provision the Company shall be ensure that provisions are made so that the Holder shall receive upon exercise of the Warrantthis Warrant Certificate, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of cash, securities of Company, cash the Company or other property which the Holder would have been entitled to receive had the this Warrant Certificate been exercised in full into Warrant Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)date of exercise, retained such securitiescash, cash securities or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 3 with respect to the rights of the Holder; provided, provided that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the this Warrant Certificate had been exercised in full into Warrant Shares on the date of such event.

Appears in 4 contracts

Samples: Agile Therapeutics Inc, Agile Therapeutics Inc, Agile Therapeutics Inc

Other Dividends and Distributions. Subject to If the provisions of this Section 7(c), if Company shall, at any time or from time to time after the Issue Datedate hereof, make or declare, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or any other distribution payable in cash, securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of outstanding shares of Common Stock), cash ) or other property, then, and in each such event, provision the Company shall be ensure that provisions are made so that the Holder shall receive upon exercise of the Warrantthis Warrant Certificate, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of cash, securities of Company, cash the Company or other property which the Holder would have been entitled to receive had the this Warrant Certificate been exercised in full into Warrant Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)date of exercise, retained such securitiescash, cash securities or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 3 with respect to the rights of the Holder; provided, provided that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the this Warrant Certificate had been exercised in full into Warrant Shares on the date of such event.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Agile Therapeutics Inc), Common Stock Purchase Warrant (Agile Therapeutics Inc), Common Stock Purchase Warrant (Agile Therapeutics Inc)

Other Dividends and Distributions. Subject to If the provisions of this Section 7(c), if Company shall, at any time or from time to time after the Issue Date, make or declare, or fix a record date for the determination of holders of Common Stock Ordinary Shares (or equivalent securities) entitled to receive, a dividend or any other distribution payable in cash, securities of the Company (other than a dividend or distribution of shares of Common StockOrdinary Shares, Options or Convertible Securities in respect of outstanding shares of Common StockOrdinary Shares (or equivalent securities), cash ) or other property, then, and in each such event, provision the Company shall be ensure that provisions are made so that the Holder shall receive upon exercise of the Warrantthis Warrant Certificate, in addition to the number of Warrant Shares ADSs (represented by ADRs) receivable thereupon, the kind and amount of cash, securities of Company, cash the Company or other property which the Holder would have been entitled to receive had the this Warrant Certificate been exercised in full into Warrant Shares ADSs (represented by ADRs) on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)date of exercise, retained such securitiescash, cash securities or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 3 with respect to the rights of the Holder; provided, provided that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common StockOrdinary Shares (or equivalent securities), a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the this Warrant Certificate had been exercised in full into Warrant Shares ADSs (represented by ADRs) on the date of such event.

Appears in 3 contracts

Samples: Credit Agreement (Trinity Biotech PLC), Trinity Biotech PLC, Trinity Biotech PLC

Other Dividends and Distributions. Subject to the provisions of this Section 7(c), if the Company shall, at any time or from time to time after the Issue DateDate of Issuance, make or declare, or fix a record date for the determination of holders of Common Stock equity securities entitled to receive, a dividend or any other distribution payable in cash, securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of outstanding shares of Common Stock), cash ) or other property, then, and in each such event, provision the Company shall be ensure that provisions are made so that the Holder shall receive upon exercise of the this Warrant, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of cash, securities of Company, cash the Company or other property which the Holder would have been entitled to receive had the this Warrant been exercised in full into Warrant Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)Date, retained such securitiescash, cash securities or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 17 with respect to the rights of the Holder; provided, provided that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common Stockequity securities, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the this Warrant had been exercised in full into Warrant Shares on the date of such event.

Appears in 2 contracts

Samples: HyreCar Inc., HyreCar Inc.

Other Dividends and Distributions. Subject to the provisions of this Section 7(c)4.3, if the Company shall, at any time or from time to time after the Original Issue Date, make or declare, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or any other distribution payable in securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of outstanding shares of Common Stock, which shall be subject to Section 4.4, without duplication), cash or other property, then, and in each such event, provision shall be made so that the Holder shall receive upon exercise of the any Warrant, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of securities of the Company, cash or other property which the Holder would have been entitled to receive had the Warrant been exercised in full into Warrant Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)Date, retained such securities, cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 4.3 with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the such Warrant had been exercised in full into Warrant Shares on the date of such event.

Appears in 2 contracts

Samples: Commitment Fee Warrant Agreement (Exco Resources Inc), Fee Warrant Agreement (Exco Resources Inc)

Other Dividends and Distributions. Subject to If the provisions of this Section 7(c), if Company shall, at any time or from time to time after the Issue Date, make or declare, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or any other distribution payable in securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities Shares in respect of outstanding shares of Common StockShares), cash cash, rights or other property, then, and in each such event, provision shall be made so that the Holder shall receive upon exercise of the Warrant, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of securities of the Company, cash cash, rights or other property which the Holder would have been entitled to receive had the Warrant been exercised in full into Warrant Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)Date, retained such securities, cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 8 with respect to the rights of the Holder; provided, provided that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the Warrant had been exercised in full into Warrant Shares on the date of such event.

Appears in 1 contract

Samples: Sunrun Inc.

Other Dividends and Distributions. Subject to If the provisions of this Section 7(c), if Company shallCompany, at any time or from time to time after the Issue Dateissuance of this Warrant, make makes or declaredeclares, or fix fixes a record date (or a record date otherwise occurs) for the determination of holders of Common Stock entitled to receive, a dividend or any other distribution payable in securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of on the outstanding shares of Common Stock), cash or other property, then, and in each such event, at the option of the Company, exercised by delivery of notice to the Holder, provision shall will be made so that the Holder shall will receive upon exercise of the Warrant, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of securities of the Company, cash or other property which the Holder would have been entitled to receive had the Warrant been exercised in full into Warrant Shares on the date of such event (and the record date therefor) and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)Date, retained such securities, cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 4.2(d) with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the Warrant had been exercised in full into Warrant Shares on the date of such event.

Appears in 1 contract

Samples: Joinder Agreement (Avantor, Inc.)

Other Dividends and Distributions. Subject to the provisions of this Section 7(c)4.3, if the Company shall, at any time or from time to time after the Original Issue Date, make or declare, or fix a record date for the determination of holders of Common Stock Ordinary Shares entitled to receive, a dividend or any other distribution payable in securities of the Company (other than a dividend or distribution of shares of Common StockOrdinary Shares, Options Options, or Convertible Securities in respect of outstanding shares of Common Stockissued Ordinary Shares), cash cash, or other property, then, and in each such event, provision shall be made so that the Holder shall receive upon exercise of the Warrant, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of securities of the Company, cash cash, or other property which the Holder would have been entitled to receive had the Warrant been exercised in full into Warrant Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)Date, retained such securities, cash cash, or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 4 with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common StockOrdinary Shares, a dividend or other distribution of such securities, cash cash, or other property in an amount equal to the amount of such securities, cash cash, or other property as the Holder would have received if the Warrant had been exercised in full into Warrant Shares on the date of such event.

Appears in 1 contract

Samples: Warrant Agreement (Tritium DCFC LTD)

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Other Dividends and Distributions. Subject to If the provisions of this Section 7(c), if Company shall, at any time or from time to time after the Issue Effective Date, make or declare, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or any other distribution payable in securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of outstanding shares of Common Stock), cash or other property, then, and in each such event, provision shall be made so that the each Holder shall receive upon exercise of the WarrantWarrants held by such Holder, in addition to the number of Warrant Exercise Shares receivable thereupon, the kind and amount of securities of the Company, cash or other property which the such Holder would have been entitled to receive had the Warrant Warrants held by such Holder been exercised in full into Warrant Exercise Shares on the date of such event and had the such Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)Date, retained such securities, cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 Article V with respect to the rights of the such Holder; provided, that no such provision shall be made if the Holder receivesHolders receive, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder Holders would have received if the Warrant Warrants had been exercised in full into Warrant Exercise Shares on the date of such event.

Appears in 1 contract

Samples: Warrant Agreement (Goodrich Petroleum Corp)

Other Dividends and Distributions. Subject to the provisions of this Section 7(c4(d), if the Company shall, at any time or from time to time after the Original Issue Date, make or declare, or fix a record date for the determination of holders of Common Stock entitled to receive, receive a dividend or any other distribution payable in securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of outstanding shares of Common Stock), cash or other property, then, and in each such event, provision shall be made so that the Holder shall receive upon exercise of the Warrant, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of securities of the Company, cash or other property which the Holder would have been entitled to receive had the Warrant been exercised in full into Warrant Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)Date, retained such securities, cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 4 with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the Warrant had been exercised in full into Warrant Shares on the date of such event.

Appears in 1 contract

Samples: Unit Purchase Agreement (USA Synthetic Fuel Corp)

Other Dividends and Distributions. Subject to If the provisions of this Section 7(c), if Company shallCompany, at any time or from time to time after the Issue Dateissuance of this Warrant, make makes or declaredeclares, or fix fixes a record date (or a record date otherwise occurs) for the determination of holders of shares of Common Stock entitled to receive, a dividend or any other distribution payable in securities of the Company (other than a dividend or distribution of shares of Common Stock, Options Stock or Convertible Securities in respect of outstanding shares of convertible into or exchangeable for Common Stock), cash or other property, then, and in each such event, at the option of the Company, exercised by delivery of notice to the Holder, provision shall will be made so that the Holder shall will receive upon exercise of the Warrant, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of securities of the Company, cash or other property which the Holder would have been entitled to receive had the Warrant been exercised in full into Warrant Shares on the date of such event (and the record date therefor) and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)Date, retained such securities, cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 with respect to the rights of the Holder; provided, provided that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of shares of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the Warrant had been exercised in full into Warrant Shares on the date of such event.

Appears in 1 contract

Samples: Financing Agreement (Danimer Scientific, Inc.)

Other Dividends and Distributions. Subject to the provisions of this Section 7(c4(d), if the Company shall, at any time or from time to time after the Original Issue DateDate and prior to the closing date of a Qualifying PO, make or declare, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or any other distribution payable in securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of outstanding shares of Common Stock), cash or other property, then, and in each such event, provision shall be made so that the Holder shall receive upon exercise of the Warrant, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of securities of the Company, cash or other property which the Holder would have been entitled to receive had the Warrant been exercised in full into Warrant Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)Date, retained such securities, cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 4 with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the Warrant had been exercised in full into Warrant Shares on the date of such event.

Appears in 1 contract

Samples: Exercise Agreement (Icagen, Inc.)

Other Dividends and Distributions. Subject to the provisions of this Section 7(c)4.4, if the Company shall, at any time or from time to time after the Original Issue Date, make or declare, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or any other distribution payable in securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of outstanding shares of Common Stock, which shall be subject to Section 4.5, without duplication), cash or other property, then, and in each such event, provision shall be made so that the Holder shall receive upon exercise of the any Warrant, in addition to the number of Warrant Shares receivable thereupon, the kind and amount of securities of the Company, cash or other property which the Holder would have been entitled to receive had the Warrant been exercised in full into Warrant Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the Exercise Date (as hereinafter defined)Date, retained such securities, cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 4.4 with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if the such Warrant had been exercised in full into Warrant Shares on the date of such event.

Appears in 1 contract

Samples: Lien Note Warrant Agreement (Exco Resources Inc)

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