Common use of PAYMENTS IN RESPECT OF DIVIDENDS AND DISTRIBUTIONS Clause in Contracts

PAYMENTS IN RESPECT OF DIVIDENDS AND DISTRIBUTIONS. If the Company pays any dividend or makes any distribution (whether in cash, property or securities of the Company) on its capital stock (other than with respect to any series of preferred stock of the Company), then the Company shall simultaneously pay to each Holder of Warrants, other than to any Holder of Warrants delivering a written notice to the Company within 10 Business Days of the notice delivered to such Holder pursuant to Section 12 hereof, an amount equal to the dividend or distribution which would have been paid to such Holder on the Warrant Shares receivable upon the exercise in full of such Warrant had such Warrant been fully exercised immediately prior to the record date for such dividend or distribution or, if no record is taken, the date as of which the record holders of shares of Common Stock entitled to such dividend or distribution are to be determined; provided however, that in the event the receipt by any Holder of any such asset distribution would result in a violation of Applicable Law applicable to such Holder, such Holder shall be entitled to receive an amount of cash in lieu of such asset distribution equal to the value (determined in accordance with the Valuation Procedure) of the asset distribution which would otherwise be received by such Holder.

PAYMENTS IN RESPECT OF DIVIDENDS AND DISTRIBUTIONS. If the Company pays any dividend or makes any distribution (whether in cash, property or securities of the Company) on its capital stock (other than with respect payable to any series the holders of preferred stock of the Company)Common Stock, then the Company shall simultaneously pay to each Holder of Warrants, other than to any Holder of Warrants delivering a written notice to the Company within 10 Business Days of the notice delivered to such Holder pursuant to Section 12 11(d) hereof, an amount equal to the dividend or distribution which would have been paid to such Holder on the Warrant Shares receivable upon the exercise in full of such Warrant had such Warrant been fully exercised immediately prior to the record date for such dividend or distribution (and any Class B Share had been immediately converted into a Class A Share) or, if no record is taken, the date as of which the record holders of shares of Common Stock entitled to such dividend or distribution are to be determined; provided howeverPROVIDED HOWEVER, that in the event the receipt by any Holder of any such asset distribution would result in a violation of Applicable Law applicable to such Holder, such Holder shall be entitled to receive an amount of cash in lieu of such asset distribution equal to the fair market value (determined in accordance with the Valuation Procedure) of the asset distribution which would otherwise be received by such Holder.

PAYMENTS IN RESPECT OF DIVIDENDS AND DISTRIBUTIONS. If the Company pays any dividend or makes any distribution (whether in cash, property or securities of the Company) on its capital stock (other than with respect payable to any series the holders of preferred stock of the Company)Common Stock, then the Company shall simultaneously pay to each Holder of Warrants, other than to any Holder of Warrants delivering a written notice to the Company within 10 Business Days of the notice delivered to such Holder pursuant to Section 12 14(d) hereof, an amount equal to the dividend or distribution which would have been paid to such Holder on the Warrant Shares receivable upon the exercise in full of such Warrant had such Warrant been fully exercised immediately prior to the record date for such dividend or distribution (and any Class B Share had been immediately converted into a Class A Share) or, if no record is taken, the date as of which the record holders of shares of Common Stock entitled to such dividend or distribution are to be determined; provided however, that in the event the receipt by any Holder of any such asset distribution would result in a violation of Applicable Law applicable to such Holder, such Holder shall be entitled to receive an amount of cash in lieu of such asset distribution equal to the value (determined in accordance with the Valuation Procedure) of the asset distribution which would otherwise be received by such Holder. It being understood and agreed that the amount of any such distribution payable to any single holder of Warrants or Warrant Shares shall be adjusted so as to give effect to the assumption that the Company has redeemed (whether or not in fact such redemption has or will occur) from the HIG Group a number of shares of Common Stock equal to the number of Warrant Shares outstanding as of the date of such distribution.

PAYMENTS IN RESPECT OF DIVIDENDS AND DISTRIBUTIONS. If the Company pays any dividend or makes any distribution (whether in cash, property or securities of the Company) on its capital stock (other than with respect to any series of preferred stock of the Company)stock, then the Company shall simultaneously pay to each Holder of Warrants, other than to any Holder of Warrants delivering a written notice legal opinion to the Company in accordance with Section 9(n) hereof within 10 ten (10) Business Days of the notice delivered to such Holder pursuant to Section 12 13 hereof, an amount equal to the dividend or distribution which would have been paid to such Holder on the Warrant Shares receivable upon the exercise in full of such Warrant had such Warrant been fully exercised immediately prior to the record date for such dividend or distribution or, if no record is taken, the date as of which the record holders of shares of Common Stock entitled to such dividend or distribution are to be determined; provided howeverPROVIDED HOWEVER, that in the event the receipt by any Holder of any such asset distribution would result in a violation of Applicable Law applicable to such Holder, such Holder shall be entitled to receive an amount of cash in lieu of such asset distribution equal to the value (determined in accordance with the Valuation Procedure) of the asset distribution which would otherwise other wise would be received by such Holder.

PAYMENTS IN RESPECT OF DIVIDENDS AND DISTRIBUTIONS. If the Company pays any dividend or makes any distribution (whether in cash, property or securities of the Company) on its capital stock (other than with respect to any series of preferred stock of the Company)stock, then the Company shall simultaneously pay to each Holder of Warrants, other than to any Holder of Warrants delivering a written notice legal opinion to the Company in accordance with Section 9(n) hereof within 10 ten (10) Business Days of the notice delivered to such Holder pursuant to Section 12 hereof, an amount equal to the dividend or distribution which would have been paid to such Holder on the Warrant Shares receivable upon the exercise in full of such Warrant had such Warrant been fully exercised immediately prior to the record date for such dividend or distribution or, if no record is taken, the date as of which the record holders of shares of Common Stock entitled to such dividend or distribution are to be determined; provided howeverPROVIDED HOWEVER, that in the event the receipt by any Holder of any such asset distribution would result in a violation of Applicable Law applicable to such Holder, such Holder shall be entitled to receive an amount of cash in lieu of such asset distribution equal to the value (determined in accordance with the Valuation Procedure) of the asset distribution which would otherwise other wise would be received by such Holder.

PAYMENTS IN RESPECT OF DIVIDENDS AND DISTRIBUTIONS. If the Company pays any dividend or makes any distribution (whether in cash, property or securities of the Company) on its capital stock (other than with respect to any series of preferred stock of the Company), then the Company shall simultaneously pay to each Holder of Warrants, other than to any Holder of Warrants delivering a written notice to the Company within 10 Business Days of the notice delivered to such Holder in connection with such dividend or distribution pursuant to Section 12 14 hereof, an amount equal to the dividend or distribution which would have been paid to such Holder on the Warrant Shares receivable upon the exercise in full of such Warrant had such Warrant been fully exercised immediately prior to the record date for such dividend or distribution or, if no record is taken, the date as of which the record holders of shares of Common Stock entitled to such dividend or distribution are to be determined; provided however, that in the event the receipt by any Holder of any such asset distribution would result in a violation of Applicable Law applicable to such Holder, such Holder shall be entitled to receive an amount of cash in lieu of such asset distribution equal to the value (determined in accordance with the Valuation Procedure) of the asset distribution which would otherwise be received by such Holder.

PAYMENTS IN RESPECT OF DIVIDENDS AND DISTRIBUTIONS. If the Company pays any dividend or makes any distribution (whether in cash, property or securities of the Company) on its capital stock (other than with respect payable to any series the holders of preferred stock of the Company)Common Stock, then the Company shall simultaneously pay to each Holder of Non-Contingent Warrants (and, in the event a Triggering Event shall have occurred, to each Holder of Contingent Warrants), other than to any Holder of Warrants delivering a written notice to the Company within 10 Business Days of the notice delivered to such Holder pursuant to Section 12 11(c) hereof, an amount equal to the dividend or distribution which would have been paid to such Holder on the Warrant Shares receivable upon the exercise in full of such Warrant had such Warrant been fully exercised immediately prior to the record date for such dividend or distribution (and any Class B Share had been immediately converted into a Class A Share) or, if no record is taken, the date as of which the record holders of shares of Common Stock entitled to such dividend or distribution are to be determined; provided however, that in the event the receipt by any Holder of any such asset distribution would result in a violation of Applicable Law applicable to such Holder, such Holder shall be entitled to receive an amount of cash in lieu of such asset distribution equal to the value (determined in accordance with the Valuation Procedure) of the asset distribution which would otherwise be received by such Holder.