Common use of Other Dividends Clause in Contracts

Other Dividends. Pay a dividend on, or make any distribution of its assets upon or with respect to (including, but not limited to, a distribution of its property as a dividend in liquidation or partial liquidation or by way of return of capital), the Common Stock (other than as described in clause (i) of this subsection (c)), or in the event that the Company shall offer options or rights to subscribe for shares of Common Stock, or issue any Common Stock Equivalents, to all of its holders of Common Stock, then on the record date for such payment, distribution or offer or, in the absence of a record date, on the date of such payment, distribution or offer, the Holder shall receive what the Holder would have received had it exercised this Warrant in full immediately prior to the record date of such payment, distribution or offer or, in the absence of a record date, immediately prior to the date of such payment, distribution or offer. Notwithstanding the foregoing set forth in clause (ii) of this subsection (c) to the contrary, if the Company gives the Holder at least five Business Days prior written notice of the record date for such non-cash dividend, then the Warrant Price shall not be adjusted and the Holder shall have the option to exercise this Warrant prior to the record date and if the Holder does not exercise this Warrant prior to such record date, then the Holder shall not be entitled to received such payment, distribution or offer.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Flightserv Com)

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Other Dividends. Pay a dividend on, or make any distribution of its assets upon or with respect to (including, but not limited to, a distribution of its property as a dividend in liquidation or partial liquidation or by way of return of capital), the Common Stock (other than as described in clause (i) of this subsection (c)), or in the event that the Company shall offer options or rights to subscribe for shares of Common Stock, or issue any Common Stock Equivalents, to all of its holders of Common Stock, then on the record date for such payment, distribution or offer or, in the absence of a record date, on the date of such payment, distribution or offer, the Holder shall receive what the Holder would have received had it exercised this Warrant in full immediately prior to the record date of such payment, distribution or offer or, in the absence of a record date, immediately prior to the date of such payment, distribution or offer. Notwithstanding the foregoing set forth in clause (ii) of this subsection (c) to the contrary, if the Company gives the Holder at least five Business Days prior written notice of the record date for such non-cash dividend, then the Warrant Price shall not be adjusted and the Holder shall have the option to exercise this Warrant prior to the record date and if the Holder does not exercise this Warrant prior to such record date, then the Holder shall not be entitled to received such payment, distribution or offer.to

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Flightserv Com)

Other Dividends. Pay a dividend on, or make any distribution of its assets upon or with respect to (including, but not limited to, a distribution of its property as a dividend in liquidation or partial liquidation or by way of return of capital), the Common Stock (other than as described in clause (i1) of this subsection (c)), or in the event that the Company shall offer options or rights to subscribe for shares of Common Stock, or issue any Common Stock Equivalents, to all of its holders of Common Stock, then on the record date for such payment, distribution or offer or, in the absence of a record date, on the date of such payment, distribution or offer, the Holder shall receive what the Holder would have received had it exercised this Warrant in full immediately prior to the record date of such payment, distribution or offer oroffer, or in the absence of a record date, immediately prior to the date of such payment, distribution or offer. Notwithstanding the foregoing set forth in clause (ii2) of this subsection (c) to the contrary, if the Company gives the Holder at least five twenty Business Days prior written notice of the record date for such non-cash dividend, then the Warrant Price shall not be adjusted and the Holder shall have the option to exercise this Warrant prior to the record date date, and if the Holder does not exercise this Warrant prior to such record date, then the Holder shall not be entitled to received receive such payment, distribution or offeroffer as contemplated by this clause (2) of subsection (c).

Appears in 1 contract

Samples: General Release and Settlement Agreement (Eresource Capital Group Inc)

Other Dividends. Pay a dividend on, or make any distribution of its assets upon or with respect to (including, but not limited to, a distribution of its property as a dividend in liquidation or partial liquidation or by way of return of capital), the Common Stock (other than as described in clause (i) of this subsection (c)), or in the event that the Company shall offer options or rights to subscribe for shares of Common Stock, or issue any Common Stock Equivalents, to all of its holders of Common Stock, then on the record date for such payment, distribution or offer or, in the absence of a record date, on the date of such payment, distribution or offer, the Holder shall receive what the Holder would have received had it exercised this Warrant in full immediately prior to the record date of such payment, distribution or offer or, in the absence of a record date, immediately prior to the date of such payment, distribution or offer. Notwithstanding the foregoing set forth in clause clauses (ii) of this subsection (c) to the contrary, if the Company gives the Holder at least five Business Days prior written notice of the record date for such non-cash dividend, then the Warrant Price shall not be adjusted and the Holder shall have the option to exercise this Warrant prior to the record date and if the Holder does not exercise this Warrant prior to such record date, then the Holder shall not be entitled to received such payment, distribution or offer.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Flightserv Com)

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Other Dividends. Pay a dividend on, or make any distribution of its assets upon or with respect to (including, but not limited to, a distribution of its property as a dividend in liquidation or partial liquidation or by way of return of capital), the Common Stock (other than as described in clause (i) of this subsection (c)), or in the event that the Company shall offer options or rights to subscribe for shares of Common Stock, or issue any Common Stock Equivalents, to all of its holders of Common Stock, then on the record date for such payment, distribution or offer or, in the absence of a record date, on the date of such payment, distribution or offer, the Holder shall receive what the Holder would have received had it exercised this Warrant in full immediately prior to the record date of such payment, distribution or offer or, in the absence of a record date, immediately prior to the date of such payment, distribution or offer. Notwithstanding the foregoing set forth in clause (ii) of this subsection (c) to the contrary, if the Company gives the Holder at least five Business Days prior written notice of the record date for such non-cash dividend, then the Warrant Price shall not be adjusted and the Holder shall have the option to exercise this Warrant prior to the record date date, and if the Holder does not exercise this Warrant prior to such record date, then the Holder shall not be entitled to received receive such payment, distribution or offer.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Flightserv Com)

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