Right to Dividends. Upon conversion of any shares of Series A Preferred, each holder thereof shall be entitled to receive any declared but unpaid dividends in respect of the shares so converted.
Right to Dividends. The Holders of outstanding Series HP Convertible Preferred Stock shall be entitled to receive dividends in any fiscal year, only when, as, and if declared by the Board of Directors, out of any assets at the time legally available in cash. Such dividends may be payable quarterly or otherwise as the Board of Directors may from time to time determine.
Right to Dividends. All Ordinary Shares entitle their holders to an equal right to participate in Cofinimmo’s profits (if any). Preferential Shares entitle their holders to a fixed dividend which amounts to EUR 6.37 on a gross annual basis to be paid by priority over the dividend relating to Ordinary Shares. The distribution of a dividend is as a matter of principle decided by the General Meeting. The Board of directors may however declare an interim dividend in accordance with the conditions set forth in the Belgian Company Code. Dividends can only be distributed if following the declaration and issuance of the dividends the amount of the company's net assets on the date of the closing of the last financial year, does not fall below the amount of the paid-up capital (or, if higher, the issued capital), increased with the amount of non-distributable reserves. The distribution of a dividend by the Issuer to its shareholders constitutes an obligation under the Belgian RREC Legislation, which applies without prejudice to the provisions of Articles 617 and following of the Belgian Company Code and of their accounting implications. The Issuer must in that respect distribute at least 80 per cent. of an amount to be calculated pursuant to the Belgian RREC Legislation. This amount corresponds essentially to the current cash flow (thus not taking into account the change in fair value of investment properties and certain other non cash items that are included in the net current result). A RREC can also waive the distribution of an amount equal to the decrease of its net debts between the beginning and the end of the financial year. The payment of dividends, if any, and the amounts and timing thereof, will depend on a number of factors, including future revenue, capital requirements, financial conditions, general economic and business conditions, and future prospects and such other factors as the Board and the executive committee may deem relevant and will in any case be subject to the approval of the General Meeting, without prejudice to the possibility for the Board to declare an interim dividend. Claims against the Issuer for payment of dividend shall be prescribed and become void unless made within five years (in the case of interest) from the due date for such payment.
Right to Dividends. There shall be no payment or adjustment by Wendy's, Newco or Seller on account of any dividends on any Newco Exchangeable Shares on a Share Exchange in respect of the Newco Exchangeable Shares exchanged on such occasion. Dividends payable on any such Newco Exchangeable Shares for which the record date has occurred prior to the date of exchange or deemed exchange with respect to such Newco Exchangeable Shares shall be paid by Newco, even if the distribution date with respect to such dividends occurs after such date of exchange or deemed exchange; provided, however, that, if Wendy's shall have exercised the Liquidation Call Right and the Newco Liquidation Date occurs after the record date with respect to such dividends, but prior to the distribution date with respect thereto, Seller shall be treated with respect to each Newco Exchangeable Share to be purchased by Wendy's on the Newco Liquidation Date pursuant to Article 3 hereof, as if he had been a holder of the Specified Number of Wendy's Common Shares on such record date and shall be deemed to have assigned to Wendy's all rights against Newco with respect to such dividends.
Right to Dividends. The Borrowers agree that, while they still owe the Lender any loan, the Lender will receive on their behalf all the dividends and assets distributed to them by HK Highpower and the American Company and are vested with full power to use such dividends and assets against repayment of the loan and debts owed by the Borrowers to the Lender. The Borrowers undertake to sign all necessary documents and to take all necessary actions as reasonably required by the Lender so as to enable the Lender to directly collect related dividends and assets prescribed herein.
Right to Dividends. Subject to the preferential rights of the holders of any class or series of capital stock of the Corporation ranking senior to the Series B Preferred Stock with respect to priority of dividend payments, Holders are entitled to receive, when and as authorized and declared by the Board or a duly authorized committee thereof, out of funds legally available for the payment of dividends, preferential cumulative, compounding cash dividends.
Right to Dividends. Unless the Joint Venturers otherwise agree, within fifty (50) Business Days after the end of each Financial Year, there shall be distributed out of the Corporation an amount equal to 1/3 of the after tax profits for such preceding Financial Year, distributed by way of a dividend declared by the Directors of the Corporation.
Right to Dividends. (i) Subject to the provisions of this Section 3, beginning on the Issue Date through and including December 31, 1999, at a rate per annum of 3% of Stated Value;
(ii) Beginning on January 1, 2000 through and including the Mandatory Redemption Date, at a rate (the "Applicable Dividend Rate") per annum based upon 1999 Pro Forma EPS as follows: (i) if 1999 Pro Forma EPS is less than $2.35, then the dividend rate shall be 10.0% of Stated Value per annum; (ii) if 1999 Pro Forma EPS is greater than, or equal to, $2.35 but less than $2.70, then the dividend rate shall be 7.0% of Stated Value per annum; and (iii) if 1999 Pro Forma EPS is greater than or equal to $2.70, then the dividend rate shall be 3.0% of Stated Value per annum; in each case subject to increase as set forth herein. Each of the $2.35 and $2.70 targets for 1999 Pro Forma EPS set forth above shall be (A) appropriately adjusted for (x) subdivisions and combinations of shares of Common Stock, (y) Reclassifications and (z) dividends on Common Stock payable in shares of
Right to Dividends. The beneficiaries shall be entitled to receive pro rata annually or oftener dividends in cash equal approximately to the net income of the Trust except to the extent otherwise required or permitted by the preferences and special or relative rights and privileges of any classes of shares of the Trust, provided that any distribution to the beneficiaries of a particular class of shares shall be made to such beneficiaries pro rata in proportion to the number of shares of such class held by each of them. Such distributions may be made even though the capital of the Trust may be impaired at the time of distribution. In addition the Trustees may make further distributions among the beneficiaries in cash or shares out of any available net assets of the Trust, but if any such distribution is made the source of the distribution together with the basis of calculation, in the case of a distribution out of capital gains, shall be called to the attention of the beneficiaries. In the case of a distribution payable in cash or stock at the election of any of the beneficiaries, the Trustees may prescribe whether a beneficiary failing to express his election before a given time shall be deemed to have elected to take shares rather than cash, or to take cash rather than shares, or to take shares with cash adjustments for fractions.
Right to Dividends. The Parties are in agreement that the Sellers' Clearing Account Claims shall be included in the Assignment of the respective Sale Shares described above. However and notwithstanding the foregoing, the Parties are in Agreement that the consolidated profits and losses of the Schaeff Group of Companies accrued between January 1, 2001 and the Effective Date (as defined hereinafter) shall solely be due to the Sellers. The Parties are furthermore in agreement that the Sellers' right to the consolidated profits and losses of the Schaeff Group of Companies accrued between January 1, 2001 and the Effective Date (as defined hereinafter) shall, however, not be fulfilled by the Companies of the Schaeff Group of Companies making corresponding distributions to the Sellers but shall instead be included in the preparation of the Closing Date Balance Sheet (as defined below) in accordance with the Base Purchase Price (as defined hereinafter) adjustment mechanism set forth in Section 9 of this Agreement. For the avoidance of doubt it is hereby set forth, that there will be, besides the Base Purchase Price Adjustment (as defined below), no further adjustment of the Base Purchase Price. For clarification purposes it is hereby set forth that the consolidated profits and Agreement on the Sale and Purchase of Shares as of November 26, 2001 Page -18- ________________________________________________________________________________ losses of the Schaeff Group of Companies accrued between January 1, 2001 and the Effective Date (as defined hereinafter) shall therefore not be entered into the Clearing Accounts but be included in the calculation of the Aggregated Closing Equity Capital (as defined hereinafter) in the preparation of the Closing Date Balance Sheet (as defined below). For clarification purposes it is furthermore set forth that the aggregated profits and losses of the Schaeff Group of Companies as from the Effective Date (as defined hereinafter) shall solely be due to the Buyer and, with respect to these profits, there shall be no further adjustment of the Base Purchase Price.
