Common use of Rights Distribution Program Clause in Contracts

Rights Distribution Program. (a) As of the date hereof, the Managing Member holds 8,600,000 Class B Shares and has the right to acquire, from time to time in the future, 4,000,000 Class B Shares underlying the MM Option (as defined in Section 3.10 below) (such 12,600,000 Class B Shares, collectively, the "MM Class B Shares"). Notwithstanding any provision of this Agreement to the contrary (and assuming the exercise, from time to time, of the MM Option as provided for herein), the MM Class B Shares will be available to be distributed by the Managing Member to current and/or future stockholders of the Managing Member upon the exercise of Rights (as defined below), including, upon the exercise of such instruments, holders of the Managing Member's Class A warrants and holders of options entitling such holders to purchase shares of the Managing Member's common stock.