Prior Notice as to Certain Events. In case at any time: the Company shall pay any dividend upon its Common Stock payable in stock or make any distribution (other than cash dividends) to the holders of its Common Stock; or the Company shall offer for subscription pro rata to the holders of its Common Stock any additional shares of stock of any class or any other rights; or there shall be any capital reorganization or reclassification of the capital stock of the Company, or consolidation or merger of the Company with, or sale, conveyance, lease or other transfer of all or substantially all of its assets to, another corporation; or there shall be a voluntary or involuntary dissolution, liquidation or winding up of the Company; then in any one or more of such cases, the Company shall give prior written notice, by first class mail, postage prepaid, addressed to each registered Warrantholder at the address of such Warrantholder as shown on the books of the Company, of the date on which (x) the books of the Company shall close or a record shall be taken for such stock dividend, distribution or subscription rights or (y) such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation or winding up shall take place, as the case may be. Such notice shall also specify the date as of which the holders of the Common Stock of record shall participate in such dividend, distribution or subscription rights or shall be entitled to exchange their Common Stock for securities or other property deliverable upon such reorganization, reclassification, consolidation, merger, sale, dissolution, liquidation, or winding up, as the case may be. Such written notice shall be given at least twenty (20) days prior to the action in question and not less than twenty (20) days prior to the record date or the date on which the Company's transfer books are closed in respect thereto.
Prior Notice as to Certain Events. In the event the Company pays any dividend payable in cash or stock upon its Common Stock or makes any distribution to the holders of its Common Stock, then the Company will give prior written notice, by first class mail, postage prepaid, addressed to the Holder at the address of such Holder as shown on the books of Company, of the date on which (i) the books of Company will close or a record taken for such dividend or distribution. Such notice will also specify the date as of which the holders of the Common Stock of record will participate in said dividend or distribution. Such written notice will be given not less than 20 days prior to the record date in respect thereto.
Prior Notice as to Certain Events. The Company shall mail to Warrantholder not less than ten (10) days prior to the date on which (a) a record will be taken for the purpose of determining the holders of Capital Stock entitled to subscription rights, or (b) a record will be taken (or in lieu thereof, the transfer books will be closed) for the purpose of determining the holders of Capital Stock entitled to notice of and to vote at the meeting of stockholders at which any consolidation, merger, dissolution, liquidation, winding up or sale of the Company shall be considered and acted upon.
Prior Notice as to Certain Events. In case at any time:
(a) the Company shall fix a record date with respect to the holders of any class of securities of the Company for the purpose of determining which of such holders are entitled to dividends or other distributions, or any rights to subscribe for, purchase or otherwise acquire any shares of capital stock of any class or any other securities or property;
(b) the Company shall declare a dividend (or any other distribution) on the Common Stock, including any extraordinary dividend;
(c) the Company shall authorize the granting to the holders of the Common Stock of pro rata rights, options or warrants to subscribe for or purchase any shares of capital stock of the Company;
(d) there occurs any capital reorganization of the Company, or reclassification of the Common Stock of the Company (other than a merger which is effected solely to change the jurisdiction of incorporation of the Company), or any consolidation or merger to which the Company is a party and for which approval of any stockholders of the Company is required, or the sale or transfer of all or substantially all of the assets of the Company (other than to a wholly owned domestic subsidiary of the Company so long as such subsidiary continues to be wholly owned); or
(e) there occurs any voluntary or involuntary dissolution, liquidation or winding up of the Company; then in each such event the Company shall cause to be mailed to the registered Warrant Holder at its last address as shown in the Warrant Register, no later than ten (10) business days prior to the earliest date specified therein, a notice stating (i) the date on which a record is to be taken for the purpose of such dividend, distribution, rights, options or warrants and stating the amount and character of such dividend, distribution, or right, or, if a record is not to be taken, the date as of which the holders of Common Stock of record to be entitled to such dividend, distribution, rights, options or warrants are to be determined, or (ii) the date on which such reorganization, reclassification, consolidation, merger, transfer, dissolution, liquidation or winding up (or amendment thereto) is expected to become effective, and the date as of which it is expected that holders of record of such class of Common Stock shall be entitled to exchange their Common Stock for securities, cash or other property deliverable upon such reclassification, consolidation, merger, transfer, dissolution, liquidation or winding up.
Prior Notice as to Certain Events. In the event the Company pays any dividend payable in cash or stock upon any class of its capital stock for which the Rights are then exchangeable or makes any distribution to the holders of such capital stock, then the Company will give prior written notice, by first class mail, postage prepaid, addressed to the Holder at the address of such holder as shown on the books of Company, of the date on which (i) the books of Company will close or a record taken for such dividend or distribution. Such notice will also specify the date as of which the holders of the capital stock of record will participate in said dividend or distribution. Such written notice will be given not less than 20 days prior to the record date thereof. If the Company shall take any such action at a time at which the Rights have not yet become exchangeable, the Rights shall be exchangeable during the 20 day period prior to the record date for such event in the manner described in Section 1.1(b)
Prior Notice as to Certain Events. In case at any time:
(a) the Company shall pay any dividend payable in stock upon its Common Stock or make any distribution (other than cash dividends) to the holders of its Common Stock; or
(b) the Company shall offer for subscription pro rata to the holders of its Common Stock any additional shares of stock of any class or any other rights; or
(c) there shall be any reorganization or reclassification of the capital stock of the Company, or consolidation or merger of the Company with another corporation or a sale or disposition of all or substantially all its assets; or
(d) there shall be an amendment to the Certificate of Incorporation of the Company; or
(e) the shareholders shall amend the By-Laws of the Company; or
(f) the Company proposes to offer of its Common Stock in a public offering; or
(g) there shall be a voluntary or involuntary dissolution, liquidation or winding up of the Company; then, in each of said cases, the Company shall give prior written notice, by registered mail, postage prepaid, return receipt requested, addressed to the Registered Holder of this Warrant at
Prior Notice as to Certain Events. The Company shall mail to the Holder, at his last known address appearing on the books of the Company, not less than ten days prior notice of the date on which (i) a record will be taken for the purpose of determining the holders of shares of Common Stock entitled to dividends (other than cash dividends) or subscription rights or (b) a record will be taken (or in lieu thereof the transfer books of the Company will be closed) for the purpose of determining the holders of shares of Common Stock entitled to notice of and to vote at a meeting of shareholders at which any consolidation, merger, dissolution, liquidation, winding up or sale, transfer or other disposition of the Company's assets, property, or business shall be considered or acted upon, as the case may be.
Prior Notice as to Certain Events. In case at any time:
(a) the Company shall pay any dividend payable in stock upon its Common Stock or make any distribution (other than cash dividends) to the holders of its Common Stock; or
(b) the Company shall offer for subscription pro rata to the holders of its Common Stock any additional shares of stock of any class or any other rights; or
(c) there shall be any reorganization or reclassification of the capital stock of the Company, or consolidation or merger of the Company with another corporation or a sale or disposition of all or substantially all its assets; or
Prior Notice as to Certain Events. In case at any time:
(i) the Borrower shall offer for subscription pro rata to the holders of its Common Stock any additional shares of stock of any class or any other rights; or
(ii) there shall be any reorganization or reclassification of the capital stock of the Borrower, or consolidation or merger of the Borrower with another corporation or a sale or disposition of all or substantially all its assets; or
(iii) there shall be a voluntary or involuntary dissolution, liquidation or winding up of the Borrower;
Prior Notice as to Certain Events
