Common use of Special Distribution Clause in Contracts

Special Distribution. If and whenever during the Adjustment Period the Company shall issue or distribute to all or to substantially all the holders of the Shares: (i) securities of the Company including shares, rights, options or warrants to acquire shares of any class or securities exchangeable for or convertible into or exchangeable into any such shares or cash, or property or assets and including evidences of its indebtedness, or (ii) any property or other assets, and if such issuance or distribution does not constitute (x) dividends paid in the ordinary course, (y) an issuance or distribution in lieu of dividends paid in the ordinary course, or (z) a Share Reorganization (any of such non-excluded events being herein called a “Special Distribution”), the number of Shares to be issued by the Company under the Warrants shall, at the time of exercise, be appropriately adjusted, as determined by the board of directors of the Company, acting reasonably and in good faith, and the Holder shall receive, in addition to the number of Shares in respect of which the right is then being exercised, the aggregate number of Shares or other securities or property that the Holder would have been entitled to receive as a result of such event if, on the record date therefor, the Holder had been the registered holder of the number of Shares to which the Holder was theretofore entitled upon the exercise of the Warrants.

Special Distribution. If and whenever during the Adjustment Period the Company shall issue or distribute to all or to substantially all the holders of the Shares: (i) : securities of the Company including sharesShares, rights, options or warrants to acquire shares of any class or securities exchangeable for or convertible into or exchangeable into any such shares or cash, or property or assets and including evidences of its indebtedness, or (ii) or any property or other assets, and if such issuance or distribution does not constitute (x) dividends paid in the ordinary course, (y) an issuance or distribution in lieu of dividends paid in the ordinary course, or (z) a Share Reorganization (any of such non-excluded events being herein called a “Special Distribution”), the number of Shares to be issued by the Company under upon conversion of the Warrants Outstanding Amount represented by this Note shall, at the time of exerciseconversion, be appropriately adjusted, as determined by the board of directors of the Company, acting reasonably and in good faith, and the Holder Investor shall receive, in addition to the number of Shares in respect to be issued by the Company upon conversion of which the right is then being exercisedOutstanding Amount represented by this Note pursuant to Section 6(a), the aggregate number of Shares or other securities or property that the Holder Investor would have been entitled to receive as a result of such event if, on the record date therefor, the Holder Investor had been the registered holder of the number of Shares to which the Holder Investor was theretofore entitled upon the exercise conversion of the WarrantsOutstanding Amount represented by this Note.