Common use of Other Dividends and Distributions Clause in Contracts

Other Dividends and Distributions. Subject to the provisions of this Section 2.1(i), if the 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 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 or conversion of this Warrant, in addition to the number of 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 or converted in full into 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, 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 2.1 with respect to the rights of the Holder.

Appears in 2 contracts

Samples: Exchange and Purchase Agreement (Liveperson Inc), Liveperson Inc

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Other Dividends and Distributions. Subject to If the provisions of this Section 2.1(i), if the Company shallCompany, at any time or from time to time after the Issue Datedate hereof, make shall declare or declaremake, 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 or other property 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, then and in each such event, event provision shall be made so that the Holder shall receive upon exercise or conversion of this Warranthereof, in addition to the number of Shares shares of Common Stock receivable thereupon, the kind and amount of such other securities of the Company, cash, Company or the value of such other property which the Holder that they would have been entitled to receive received had the this Warrant been exercised or converted in full into Shares for Common Stock 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 conversion date, retained such securities, cash, securities or other property receivable by them as aforesaid during such period, period giving application to all adjustments called for during such period under this Section 2.1 3.3 with respect to the rights of the Holder; and, provided, further, however, that no such adjustment shall be made if the Holder simultaneously receives a dividend or other distribution of such securities or other property in an amount equal to the amount of such securities or other property as he or she would have received if this Warrant had been exercised for Common Stock on the date of such event.

Appears in 2 contracts

Samples: Incentra Solutions, Inc., Incentra Solutions, Inc.

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Other Dividends and Distributions. Subject to the provisions of this Section 2.1(i), if the 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 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 or conversion of this Warrant, in addition to the number amount of Shares cash receivable thereupon, the equivalent cash value of 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 notionally exercised or notionally converted in full into 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, retained such notional 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 2.1 with respect to the rights of the Holder.

Appears in 2 contracts

Samples: Exchange and Purchase Agreement (Liveperson Inc), Liveperson Inc

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