Common use of Stock Dividends and Stock Splits Clause in Contracts

Stock Dividends and Stock Splits. If the Corporation, at any time while any Preferred Shares remain outstanding: (A) shall pay a stock dividend or otherwise make a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the conversion of the Series D Preferred Stock), (B) subdivide outstanding shares of Common Stock into a larger number of shares, (C) combine (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issue by reclassification of shares of the Common Stock any shares of capital stock of the Corporation, each Preferred Share shall receive such consideration as if such number Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, the holder of the number of shares of Common Stock into which it could convert at such time. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock split.

Stock Dividends and Stock Splits. If the Corporation, at any time, and from time to time, while any this Series A Preferred Shares remain Stock is outstanding: (Ai) shall pay pays a stock dividend or otherwise make makes a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock on shares of Common Stock or any other Common Stock Equivalents (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the upon conversion of, or payment of a dividend on, the Series D A Preferred Stock), (Bii) subdivide subdivides outstanding shares of Common Stock into a larger number of shares, (Ciii) combine combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (Div) issue by issues, in the event of a reclassification of shares of the Common Stock Stock, any shares of capital stock of the Corporation, each Preferred Share then the Conversion Price shall receive such consideration as if such number Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, be multiplied by a fraction of which the holder of numerator shall be the number of shares of Common Stock into (excluding any treasury shares of the Corporation) outstanding immediately before such event, and of which it could convert at the denominator shall be the number of shares of Common Stock outstanding immediately after such timeevent. Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock split.

Stock Dividends and Stock Splits. If the Corporation, at any time while any this Series C Preferred Shares remain Stock is outstanding: (Ai) shall pay pays a stock dividend or otherwise make makes a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock on shares of Common Stock or any other Common Stock Equivalents (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the upon conversion of, or payment of the a dividend on, this Series D C Preferred Stock), (Bii) subdivide subdivides outstanding shares of Common Stock into a larger number of shares, (Ciii) combine combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (Div) issue by issues, in the event of a reclassification of shares of the Common Stock Stock, any shares of capital stock of the Corporation, each Preferred Share shall receive such consideration as if such number Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, the holder of then the number of shares of Common Stock into which it could convert at such timeissuable upon conversion of the Series C Preferred Stock shall be appropriately adjusted in order to avoid enlargement or dilution of the rights of the shares of Series C Preferred Stock. Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock splitreclassification.

Stock Dividends and Stock Splits. If the Corporation, at any time while any this Series B Preferred Shares remain Stock is outstanding: (A) shall pay pays a stock dividend or otherwise make makes a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant upon conversion of this Series B Preferred Stock) with respect to the conversion then outstanding shares of the Series D Preferred Common Stock), ; (B) subdivide subdivides outstanding shares of Common Stock into a larger number of shares, ; or (C) combine combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issue then the Conversion Price shall be multiplied by reclassification a fraction of shares of which the Common Stock any shares of capital stock of the Corporation, each Preferred Share numerator shall receive such consideration as if such number Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, the holder of be the number of shares of Common Stock into (excluding any treasury shares of the Corporation) outstanding immediately before such event and of which it could convert at the denominator shall be the number of shares of Common Stock outstanding immediately after such timeevent (excluding any treasury shares of the Corporation). Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination subdivision or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock splitcombination.

Stock Dividends and Stock Splits. If the Corporation, at any time while any this Series C Preferred Shares remain Stock is outstanding: (A) shall pay pays a stock dividend or otherwise make makes a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant upon conversion of this Series C Preferred Stock) with respect to the conversion then outstanding shares of the Series D Preferred Common Stock), ; (B) subdivide subdivides outstanding shares of Common Stock into a larger number of shares, ; or (C) combine combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issue then the Conversion Ratio shall be multiplied by reclassification a fraction of shares of which the Common Stock any shares of capital stock of the Corporation, each Preferred Share numerator shall receive such consideration as if such number Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, the holder of be the number of shares of Common Stock into (excluding any treasury shares of the Corporation) outstanding immediately after such event and of which it could convert at the denominator shall be the number of shares of Common Stock outstanding immediately before such timeevent (excluding any treasury shares of the Corporation). Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination subdivision or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock splitcombination.

Stock Dividends and Stock Splits. If the Corporation, at any time while any the Series A Convertible Preferred Shares remain Stock is outstanding: (A) shall pay a stock dividend or otherwise make a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the conversion of the this Series D A Convertible Preferred Stock), (B) subdivide outstanding shares of Common Stock into a larger number of shares, (C) combine (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issue by reclassification of shares of the Common Stock any shares of capital stock of the Corporation, each Preferred Share then the Holders shall receive such consideration as if such number Preferred Shares had beenreceive, immediately prior to such foregoing dividendupon conversion, distribution, subdivision, combination or reclassification, the holder of the number of shares of Common Stock into which it could convert at such timeHolder would have been entitled to receive assuming such Holder converted such Series A Convertible Preferred Stock immediately prior to the applicable event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock split.

Stock Dividends and Stock Splits. If the Corporation, at any time while any the Series C Preferred Shares remain Stock is outstanding: (A) shall pay a stock dividend or otherwise make a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the conversion of the Series D C Preferred Stock), (B) subdivide outstanding shares of Common Stock into a larger number of shares, (C) combine (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issue by reclassification of shares of the Common Stock any shares of capital stock of the Corporation, each share of Series C Preferred Share Stock shall receive such consideration as if such number of shares of Series C Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, the holder of the number of shares of Common Stock into which it could convert at such time. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock split.

Stock Dividends and Stock Splits. If the Corporation, at any time while any Preferred Shares remain outstanding: (A) shall pay a stock dividend or otherwise make a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the conversion of the Series D F Preferred Stock), (B) subdivide outstanding shares of Common Stock into a larger number of shares, (C) combine (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issue by reclassification of shares of the Common Stock any shares of capital stock of the Corporation, each Preferred Share shall receive such consideration as if such number Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, the holder of the number of shares of Common Stock into which it could convert at such time. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock split.

Stock Dividends and Stock Splits. If the Corporation, at any time while any the Series A Preferred Shares remain Stock is outstanding: (A) shall pay a stock dividend or otherwise make a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the conversion of the Series D A Preferred Stock), (B) subdivide outstanding shares of Common Stock into a larger number of shares, (C) combine (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issue by reclassification of shares of the Common Stock any shares of capital stock of the Corporation, each share of Series A Preferred Share Stock shall receive such consideration as if such number of shares of Series A Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, the holder of the number of shares of Common Stock into which it could convert at such time. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock split.

Stock Dividends and Stock Splits. If the Corporation, at any time while any the Series A Preferred Shares remain Stock is outstanding: (A) shall pay a stock dividend or otherwise make a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the conversion of the Series D A Preferred Stock), (B) subdivide outstanding shares of Common Stock into a larger number of shares, (C) combine (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issue by reclassification of shares of the Common Stock any shares of capital stock of the Corporation, each share of Series A Preferred Share Stock shall receive such consideration as if such number of shares of Series A Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, the holder of the number of shares of Common Stock into which it could convert at such time. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock splitre‑classification.

Stock Dividends and Stock Splits. If the Corporation, at any time while any the Series B Preferred Shares remain Stock is outstanding: (Ai) shall pay pays a stock dividend or otherwise make makes a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities that is payable in shares of Common Stock on shares of Common Stock or any other Common Stock Equivalents (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the upon conversion of, or payment of a dividend on, the Series D B Preferred Stock), (Bii) subdivide subdivides outstanding shares of Common Stock into a larger number of shares, (Ciii) combine combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (Div) issue by issues, in the event of a reclassification of shares of the Common Stock Stock, any shares of capital stock of the Corporation, each Preferred Share then the Conversion Price and the Floor Price shall receive such consideration as if such number Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, be multiplied by a fraction of which the holder of numerator shall be the number of shares of Common Stock into (excluding any treasury shares of the Corporation) outstanding immediately before such event, and of which it could convert at the denominator shall be the number of shares of Common Stock outstanding immediately after such timeevent. Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification. Notwithstanding the preceding, there shall foregoing in no event may the Conversion Price be no adjustment as a result less than the par value per share of the contemplated reverse stock splitSeries B Preferred Stock.

Stock Dividends and Stock Splits. If the Corporation, at any time while any Preferred Shares remain outstanding: (A) shall pay a stock dividend or otherwise make a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the conversion of the Series D E Preferred Stock), (B) subdivide outstanding shares of Common Stock into a larger number of shares, (C) combine (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issue by reclassification of shares of the Common Stock any shares of capital stock of the Corporation, each Preferred Share shall receive such consideration as if such number Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, the holder of the number of shares of Common Stock into which it could convert at such time. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock split.

Stock Dividends and Stock Splits. If the Corporation, at any time while any this Series D Preferred Shares remain Stock is outstanding: (A) shall pay pays a stock dividend or otherwise make makes a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the upon conversion of the this Series D Preferred Stock), ) with respect to the then outstanding shares of Common Stock; (B) subdivide subdivides outstanding shares of Common Stock into a larger number of shares, ; or (C) combine combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issue then the Conversion Price shall be multiplied by reclassification a fraction of shares of which the Common Stock any shares of capital stock of the Corporation, each Preferred Share numerator shall receive such consideration as if such number Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, the holder of be the number of shares of Common Stock into (excluding any treasury shares of the Corporation) outstanding immediately before such event and of which it could convert at the denominator shall be the number of shares of Common Stock outstanding immediately after such timeevent (excluding any treasury shares of the Corporation). Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination subdivision or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock splitcombination.

Stock Dividends and Stock Splits. If the Corporation, at any time while any the Series B Preferred Shares remain Stock is outstanding: (A) shall pay a stock dividend or otherwise make a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Corporation pursuant to the conversion of the Series D B Preferred Stock), (B) subdivide outstanding shares of Common Stock into a larger number of shares, (C) combine (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issue by reclassification of shares of the Common Stock any shares of capital stock of the Corporation, each share of Series B Preferred Share Stock shall receive such consideration as if such number of shares of Series B Preferred Shares had been, immediately prior to such foregoing dividend, distribution, subdivision, combination or reclassification, the holder of the number of shares of Common Stock into which it could convert at such time. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification. Notwithstanding the preceding, there shall be no adjustment as a result of the contemplated reverse stock splitre‑classification.