TAKING OF RECORD. In the case of all dividends or other distributions by the Company to the holders of its Common Stock with respect to which any provision of any Section hereof refers to the taking of a record of such holders, the Company will in each such case take such a record and will take such record as of the close of business on a Business Day.
Appears in 21 contracts
Samples: Preferred Stock Purchase Agreement (Xstream Systems Inc), Series B Warrant Agreement (Xstream Systems Inc), Series D Warrant Agreement (Xstream Systems Inc)
TAKING OF RECORD. In the case of all dividends or other distributions by the Company to the holders of its Common Stock with respect to which any provision of any Section hereof refers to the taking of a record of such holders, the Company will in each such case take such a record and will take such record as of the close of business on a Business Day.
Appears in 11 contracts
Samples: Skyterra Communications Inc, Skyterra Communications Inc, Skyterra Communications Inc
TAKING OF RECORD. In the case of all dividends or other ---------------- distributions by the Company to the holders of its Common Stock with respect to which any provision of any Section hereof refers to the taking of a record of such holders, the Company will in each such case take such a record and will take such record as of the close of business on a Business Day.
Appears in 5 contracts
Samples: Rare Medium Group Inc, Rare Medium Group Inc, Rare Medium Group Inc
TAKING OF RECORD. In the case of all dividends or other distributions by the Company to the holders of its Common Stock with respect to which any provision of any Section hereof refers to the taking of a record of such holders, the Company will in each such case take such a record and will take such record as of the close of business on a Business Day.
Appears in 3 contracts
Samples: Credit Agreement (Cadiz Inc), Credit Agreement (Cadiz Inc), Stock and Warrant Purchase Agreement (Optionable Inc)
TAKING OF RECORD. In the case of all dividends or other distributions by the Company to the holders of its Common Stock with respect to which any provision of any Section hereof refers to the taking of a record of such holders, the Company will in each such case take such a record and will take such record as of the close of business on a Business Day.
Appears in 2 contracts
Samples: Siga Technologies Inc, Siga Technologies Inc
TAKING OF RECORD. In the case of all dividends or other distributions by the Company Corporation to the holders of its Common Stock with respect to which any provision of any Section hereof refers to the taking of a record of such holders, the Company Corporation will in each such case take such a record and will take such record as of the close of business on a Business Day.
Appears in 2 contracts
Samples: Credit Agreement (Miller Industries Inc /Tn/), Warrant Agreement (Miller Industries Inc /Tn/)
TAKING OF RECORD. In the case of all dividends or other distributions by the Company to the holders of its Common Stock with respect to which any provision of any Section hereof refers to the taking of a record of such holders, the Company will in each such case take such a record and will take such record as of the close of business on a Business Day.
Appears in 1 contract
Samples: Exchange and Shareholder Rights Agreement (Fremont General Corp)