Common use of Other Dividends and Distributions Clause in Contracts

Other Dividends and Distributions. In the event that at any time and from time to time the Company shall distribute to all holders of Common Stock any dividend or other distribution of (including any dividend or distribution made in connection with a consolidation or merger in which the Company is the continuing corporation) or otherwise issue to all holders of Common Stock (i) evidences of its indebtedness, shares of its Capital Stock or any other properties or securities or (ii) any options, warrants or other rights to subscribe for or purchase any of the foregoing (other then in the case of clauses (i) and (ii) above, (A) any dividend or distribution described in Section 4.03 or (B) any rights, options, warrants or securities described in Section 4.04 or Section 4.05), then the number of Warrant Shares issuable upon the exercise of each Warrant immediately prior to such record date for any such dividend or distribution shall, automatically and without the requirement of further action by the Company or any Holder, be increased to a number determined by multiplying the number of Warrant Shares issuable upon the exercise of such Warrant immediately prior to such record date for any such dividend or distribution by a fraction, the numerator of which shall be the Current Market Value per share of Common Stock on the record date for such dividend or distribution (less any cash paid to Holders pursuant to Section 4.01 as part of the same transaction), and the denominator of which shall be such Current Market Value per share of Common Stock less the then fair value of the portion, if any, of the distribution applicable to one share of Common Stock consisting of evidences of indebtedness, securities, other property, warrants, options or subscription or purchase rights. Such adjustments shall be made, and shall only become effective, whenever any dividend or distribution is made; provided, however, that the Company is not required to make an adjustment pursuant to this Section 4.02 if at the time of such distribution the Company makes the same distribution to Holders as it makes to holders of Common Stock pro rata based on the number of shares of Common Stock for which such Warrants are exercisable (whether or not currently exercisable). Notwithstanding anything to the contrary in this Section 4.02, no adjustment shall be made pursuant to this Section 4.02 which shall have the effect of decreasing the number of Warrant Shares issuable upon exercise of each Warrant or increasing the Exercise Price.

Other Dividends and Distributions. In the event that at any time and from time to time the Company shall distribute to all holders of shares of Common Stock any dividend or other distribution of (including any dividend or distribution made in connection with a consolidation or merger in which the Company is the continuing corporation) or otherwise issue to all holders of Common Stock (ia) evidences of its indebtedness, shares of its Capital Stock Stock), or any other properties or securities securities, or (iib) any options, warrants warrants, or other rights to subscribe for or purchase any of the foregoing (other then than in the case of clauses (ia) and (iib) above, (Ai) any dividend or distribution described in Section 4.03 4.03, or (Bii) any rights, options, warrants warrants, or securities described in Section 4.04 4.04, Section 4.05, or Section 4.054.08), then the number of Warrant Shares issuable upon the exercise of each Warrant immediately prior to such record date for any such dividend or distribution shall, automatically and without the requirement of further action by the Company or any Holder, be increased to a number determined by multiplying (1) the number of Warrant Shares issuable upon the exercise of such Warrant immediately prior to such record date for any such dividend or distribution by (2) a fraction, the numerator of which shall be the Current Market Value per share of Common Stock on the record date for such dividend or distribution (less any cash paid to Holders pursuant to Section 4.01 as part of the same transaction), and the denominator of which shall be such Current Market Value per share of Common Stock less the then fair value of the portion, if any, of the distribution applicable to one share of Common Stock consisting of evidences of indebtedness, securities, other property, warrants, options options, or subscription or purchase rights. Such adjustments shall be made, and shall only become effective, whenever any dividend or distribution is made; provided, however, that the Company is not required to make an adjustment pursuant to this Section 4.02 if at the time of such distribution the Company makes the same distribution to Holders as it makes to holders of Common Stock pro rata based on the number of shares of Common Stock for which such Warrants are exercisable (whether or not currently exercisable). Notwithstanding anything to the contrary in this Section 4.02, no adjustment shall be made pursuant to this Section 4.02 which shall have the effect of decreasing the number of Warrant Shares issuable upon exercise of each Warrant or increasing the Exercise PriceWarrant.

Other Dividends and Distributions. In the event that at any time and from time to time the Company shall distribute to all holders of Common Stock any dividend or other distribution of (including any dividend or distribution made in connection with a consolidation or merger in which the Company is the continuing corporation) or otherwise issue to all holders of Common Stock (i) evidences of its indebtedness, shares of its Capital Stock or any other properties or securities or (ii) any options, warrants or other rights to subscribe for or purchase any of the foregoing (other then in the case of clauses (i) and (ii) above, (A) any dividend or distribution described in Section 4.03 or (B) any rights, options, warrants or securities described in Section 4.04 or Section 4.05), then the number of Warrant Shares issuable upon the exercise of each Warrant immediately prior to such record date for any such dividend or distribution shall, automatically and without the requirement of further action by the Company or any Holder, be increased to a number determined by multiplying the number of Warrant Shares issuable upon the exercise of such Warrant immediately prior to such record date for any such dividend or distribution by a fraction, the numerator of which shall be the Current Market Value per share of Common Stock on the record date for such dividend or distribution (less any cash paid to Holders pursuant to Section 4.01 as part of the same transaction), and the denominator of which shall be such Current Market Value per share of Common Stock less the then fair value of the portion, if any, of the distribution applicable to one share of Common Stock consisting of evidences of indebtedness, securities, other property, warrants, options or subscription or purchase rights; and subject to Section 3.08(b), the applicable Exercise Price shall be adjusted to a number determined by dividing the applicable Exercise Price immediately prior to such record date by the above fraction. Such adjustments shall be made, and shall only become effective, whenever any dividend or distribution is made; provided, however, that the Company is not required to make an adjustment pursuant to this Section 4.02 if at the time of such distribution the Company makes the same distribution to Holders as it makes to holders of Common Stock pro rata based on the number of shares of Common Stock for which such Warrants are exercisable (whether or not currently exercisable). Notwithstanding anything to the contrary in this Section 4.02, no adjustment shall be made pursuant to this Section 4.02 which shall have the effect of decreasing the number of Warrant Shares issuable upon exercise of each Warrant or increasing the Exercise Price.

Other Dividends and Distributions. In the event that at any time and from time to time case the Company shall distribute fix a record date for the making of a distribution to all holders of shares of its Common Stock of securities, evidences of indebtedness, assets, cash, rights or warrants (excluding regular quarterly cash dividends on shares of Common Stock of up to $0.08 per share to the extent the Board determines to reinstate its prior regular quarterly dividend policy after the date hereof (adjusted for stock splits, dividends, contributions and the like and with any cash dividend pursuant to any such reinstated quarterly dividend policy to be deemed a “regular quarterly cash dividend” for such purposes) out of surplus or net profits legally available therefor and dividends payable in Capital Stock for which adjustment is made under Section 4.1), then in each such case (unless the Company elects to reserve shares or other units of such securities, evidences of indebtedness, assets, cash, rights or warrants for distribution to the Holders upon the exercise of such Warrants so that any such Holder exercising its Warrants shall receive upon such exercise (in addition to the shares of Common Stock to which such Holder is entitled), unless such rights have terminated or expired in accordance with their terms prior to such exercise, the amount and kind of such securities, evidences of indebtedness, assets, cash, rights or warrants which such Holder would have received if such Holder had, immediately prior to the record date for the distribution of the securities, evidences of indebtedness, assets, cash, rights or warrants, exercised its Warrants for Common Stock), the Exercise Price in effect prior to such record date shall be reduced immediately thereafter to the price determined by multiplying the Exercise Price in effect immediately prior to the reduction by the quotient of (including any dividend or distribution made in connection with a consolidation or merger in i) the closing sale price on the Applicable Exchange of the Common Stock on the last trading day preceding the first date on which the Company is Common Stock trades regular way on the continuing corporation) Applicable Exchange without the right to receive such distribution, minus the amount of cash or otherwise issue the Fair Market Value of the securities, evidences of indebtedness, assets, rights or warrants to all holders be so distributed in respect of one share of Common Stock (ithe “Per Share Fair Market Value”) evidences of its indebtedness, shares of its Capital Stock or any other properties or securities or divided by (ii) any options, warrants or other rights to subscribe for or purchase any of such closing sale price on the foregoing (other then Applicable Exchange on such date specified in the case of clauses clause (i) and (ii) above); such adjustment shall be made successively whenever such a record date is fixed. In such event, (A) any dividend or distribution described in Section 4.03 or (B) any rights, options, warrants or securities described in Section 4.04 or Section 4.05), then the number of Warrant Shares shares of Common Stock issuable upon the exercise of each Warrant immediately prior to such record date for any such dividend or distribution shall, automatically and without the requirement of further action by the Company or any Holder, Warrants shall be increased to a the number determined obtained by multiplying dividing (1) the product of (A) the number of Warrant Shares shares of Common Stock issuable upon the exercise of the Warrants before such Warrant adjustment, and (B) the Exercise Price in effect immediately prior to such record date for any such dividend or the distribution giving rise to this adjustment by a fraction(2) the new Exercise Price determined in accordance with the immediately preceding sentence. Notwithstanding the foregoing, if the numerator of which shall be the Current Fair Market Value per share of Common Stock on the record date for such dividend or distribution (less any cash paid to Holders pursuant to Section 4.01 as part of the same transaction)securities, and the denominator evidences of which shall be such Current Market Value per share of Common Stock less the then fair value of the portionindebtedness, if anyassets, of the distribution rights or warrants so distributed applicable to one share of Common Stock consisting is equal to or greater than the closing sale price on the Applicable Exchange of the Common Stock on the date mentioned above, then, in lieu of the foregoing adjustments, adequate provision shall be made so that each Holder shall instead have the right to receive the amount and kind of securities, evidences of indebtedness, securitiesassets, other property, warrants, options rights or subscription or purchase rightswarrants which such Holder would have received in such distribution had such Holder exercised its Warrant immediately prior to such record date. Such adjustments shall be In the event that a distribution for which an adjustment is made hereunder is not so made, the Exercise Price and shall only become effective, whenever any dividend or distribution is made; provided, however, that the Company is not required to make an adjustment pursuant to this Section 4.02 if at the time of such distribution the Company makes the same distribution to Holders as it makes to holders of Common Stock pro rata based on the number of shares of Common Stock for which such Warrants are exercisable (whether or not currently exercisable). Notwithstanding anything to the contrary in this Section 4.02, no adjustment shall be made pursuant to this Section 4.02 which shall have the effect of decreasing the number of Warrant Shares issuable upon exercise of each Warrant the Warrants then in effect shall be readjusted effective as of the date when the Board determines not to distribute such shares, evidences of indebtedness, assets, rights, cash or increasing warrants, as the case may be, to the Exercise PricePrice that would then be in effect and the number of shares of Common Stock that would then be issuable upon exercise of the Warrants if such record date had not been fixed.

Other Dividends and Distributions. In the event that at any time and from time to time the Company shall distribute to all holders of Common Stock any dividend or other distribution of (including any dividend or distribution made in connection with a consolidation or merger in which the Company is the continuing corporation) or otherwise issue to all holders of Common Stock (i) evidences of its indebtedness, shares of its Capital Stock or any other properties or securities or (ii) any options, warrants or other rights to subscribe for or purchase any of the foregoing (other then in the case of clauses (i) and (ii) above, (A) any dividend or distribution described in Section 4.03 or (B) any rights, options, warrants or securities described in Section 4.04 or Section 4.05), then the number of Warrant Shares issuable upon the exercise of each Warrant Base Exercise Amount immediately prior to such record date for any such dividend or distribution shall, automatically and without the requirement of further action by the Company or any Holder, be increased to a number determined by multiplying the number of Warrant Shares issuable upon the exercise of such Warrant Base Exercise Amount immediately prior to such record date for any such dividend or distribution by a fraction, the numerator of which shall be the Current Market Value per share of Common Stock on the record date for such dividend or distribution (less any cash paid to Holders pursuant to Section 4.01 as part of the same transaction), and the denominator of which shall be such Current Market Value per share of Common Stock less the then fair value of the portion, if any, of the distribution applicable to one share of Common Stock consisting of evidences of indebtedness, securities, other property, warrants, options or subscription or purchase rights. Such adjustments shall be made, and shall only become effective, whenever any dividend or distribution is made; provided, however, that the Company is not required to make an adjustment pursuant to this Section 4.02 if at the time of such distribution the Company makes the same distribution to Holders as it makes to holders of Common Stock pro rata based on the number of shares of Common Stock for which such Warrants are exercisable (whether or not currently exercisable). Notwithstanding anything to the contrary in this Section 4.02, no adjustment shall be made pursuant to this Section 4.02 which shall have the effect of decreasing the number of Warrant Shares issuable upon exercise of each Warrant or increasing the Exercise Price. Section 4.03.