Common use of Treatment of Stock Dividends, Stock Splits, etc Clause in Contracts

Treatment of Stock Dividends, Stock Splits, etc. In case the Company or DSW at any time or from time to time after the date hereof, shall declare or pay any dividend on, in the case of the Company, the Common Stock payable in Common Stock or, in the case of DSW, the DSW Stock payable in DSW Stock, or shall effect a subdivision of the outstanding shares, in the case of the Company, of Common Stock or, in the case of DSW, of DSW Stock, into a greater number of such shares (by reclassification or otherwise than by payment of a dividend in Common Stock or DSW Stock), then, and in each such case, the number of shares of Common Stock or DSW Stock, as the case may be, obtainable upon exercise of this Warrant shall be proportionately increased and the applicable Purchase Price shall be proportionately decreased. In case the Company or DSW at any time or from time to time after the date hereof, shall effect any combination or consolidation of the outstanding shares of, in the case of the Company, Common Stock or, in the case of DSW, DSW Stock, into a lesser number of such shares, then, and in each such case, the number of shares of Common Stock or DSW Stock, as the case may be, obtainable upon exercise of this Warrant shall be proportionately decreased and the applicable Purchase Price shall be proportionately increased. Any adjustment made under this Section shall become effective (a) in the case of any such dividend, immediately after the close of business on the record date for the determination of holders of any class of securities entitled to receive such dividend, or (b) in the case of any such subdivision, at the close of business on the day immediately prior to the day upon which such corporate action becomes effective. For the avoidance of doubt, after the consummation of a Spin-Off and satisfaction of the Company’s obligations to make the distribution to the Holder required by Section 3.3(b) no adjustment shall be made pursuant to this Section 3.4 for any dividend or subdivision or consolidation or combination that is effected by DSW.

Treatment of Stock Dividends, Stock Splits, etc. In case the Company or DSW at any time or from time to time after the date hereof, shall declare or pay any dividend on, in the case of the Company, the Common Stock payable in Common Stock or, in the case of DSW, the DSW Stock payable in DSW Stock, or shall effect a subdivision of the outstanding shares, in the case of the Company, of Common Stock or, in the case of DSW, of DSW Stock, into a greater number of such shares (by reclassification or otherwise than by payment of a dividend in Common Stock or DSW Stock), then, and in each such case, the number of shares of Common Stock or DSW Stock, as the case may be, obtainable upon exercise of this Warrant shall be proportionately increased and the applicable Purchase Price shall be proportionately decreased. In case the Company or DSW at any time or from time to time after the date hereof, shall effect any combination or consolidation of the outstanding shares of, in the case of the Company, Common Stock or, in the case of DSW, DSW Stock, into a lesser number of such shares, then, and in each such case, the number of shares of Common Stock or DSW Stock, as the case may be, obtainable upon exercise of this Warrant shall be proportionately decreased and the applicable Purchase Price shall be proportionately increased. Any adjustment made under this Section shall become effective (a) in the case of any such dividend, immediately after the close of business on the record date for the determination of holders of any class of securities entitled to receive such dividend, or (b) in the case of any such subdivision, at the close of business on the day immediately prior to the day upon which such corporate action becomes effective. For the avoidance of doubt, after the consummation of a Spin-Off and satisfaction of the Company’s 's obligations to make the distribution to the Holder required by Section 3.3(b) no adjustment shall be made pursuant to this Section 3.4 for any dividend or subdivision or consolidation or combination that is effected by DSW.

Treatment of Stock Dividends, Stock Splits, etc. In case If the ------------------------------------------------ Company or DSW at any time or from time to time shall after the date hereof, shall declare on which the Warrant is initially issued (A) pay a dividend or pay make a distribution on any dividend on, class of its capital stock in the case shares of the Company, the Common Stock payable in Common Stock or, in the case of DSW, the DSW Stock payable in DSW Stock, or shall effect a subdivision of (B) subdivide the outstanding shares, in the case of the Company, of Common Stock or, in the case of DSW, of DSW Stock, into a greater number of shares, then the Warrant Price in effect at the opening of business on the day next following the date fixed for the determination of stockholders entitled to receive such shares dividend or distribution or at the opening of business on the day next following the day on which such subdivision becomes effective, as the case may be, shall be adjusted to equal the price determined by (I) the Warrant Price in effect immediately prior to the opening of business on the day next following the date fixed for the determination of stockholders entitled to receive such dividend or distribution or prior to the opening of business on the day next following the day on which such subdivision becomes effective by reclassification or otherwise than by payment (II) a fraction, the numerator of a dividend in Common Stock or DSW Stock), then, and in each such case, which shall be the number of shares of Common Stock outstanding on the close of business on the date fixed for such determination or DSW Stockprior to the effectiveness of such subdivision, as and the case may be, obtainable upon exercise denominator of this Warrant which shall be proportionately increased and the applicable Purchase Price shall be proportionately decreased. In case the Company or DSW at any time or from time to time after the date hereof, shall effect any combination or consolidation sum of the outstanding shares of, in the case of the Company, Common Stock or, in the case of DSW, DSW Stock, into a lesser number of such shares, then, and in each such case, (A) the number of shares of Common Stock or DSW Stock, as the case may be, obtainable upon exercise of this Warrant shall be proportionately decreased and the applicable Purchase Price shall be proportionately increased. Any adjustment made under this Section shall become effective (a) in the case of any such dividend, immediately after outstanding on the close of business on the record date fixed for such determination or prior to the determination effectiveness of holders such subdivision and (B) the number of any class additional shares of securities entitled Common Stock offered as dividend or in connection with the subdivision of the outstanding shares of Common Stock. An adjustment made pursuant to receive such dividend, or (b) in this Section 2.2 shall become effective immediately after the case of any such subdivision, at the close opening of business on the day next following the record date in the case of a dividend or distribution and shall become effective immediately prior to after the opening of business on the day upon which such corporate action becomes effective. For next following the avoidance of doubt, after effective date in the consummation case of a Spin-Off and satisfaction of the Company’s obligations to make the distribution to the Holder required by Section 3.3(b) no adjustment shall be made pursuant to this Section 3.4 for any dividend or subdivision or consolidation or combination that is effected by DSWcombination.

Treatment of Stock Dividends, Stock Splits, etc. In case the Company or DSW at any time or from time to time after the date hereof, hereof shall declare or pay any dividend on, in the case of the Company, on the Common Stock payable in Common Stock or, in the case of DSW, the DSW Stock payable in DSW Stock, or shall effect a subdivision of the outstanding shares, in the case of the Company, shares of Common Stock or, in the case of DSW, of DSW Stock, into a greater number of such shares of Common Stock (by reclassification or otherwise than by payment of a dividend in Common Stock or DSW Stock), then, and in each such case, the number of shares Additional Shares of Common Stock or DSW Stock, as the case may be, obtainable upon exercise of this Warrant shall be proportionately increased and the applicable Purchase Price shall be proportionately decreased. In case the Company or DSW at any time or from time deemed to time after the date hereof, shall effect any combination or consolidation of the outstanding shares of, in the case of the Company, Common Stock or, in the case of DSW, DSW Stock, into a lesser number of such shares, then, and in each such case, the number of shares of Common Stock or DSW Stock, as the case may be, obtainable upon exercise of this Warrant shall be proportionately decreased and the applicable Purchase Price shall be proportionately increased. Any adjustment made under this Section shall become effective have been issued (a) in the case of any such dividend, immediately after the close of business on the record date for the determination of holders of any class of securities entitled to receive such dividend, or (b) in the case of any such subdivision, at the close of business on the day immediately prior to the day upon which such corporate action becomes effective. For the avoidance Additional Shares of doubt, after the consummation of a Spin-Off and satisfaction of the Company’s obligations Common Stock deemed to make the distribution to the Holder required by Section 3.3(b) no adjustment shall be made have been issued pursuant to this Section 3.4 3.2, relating to stock dividends, stock splits, etc., shall be deemed to have been issued for no consideration , and in each such case, the Purchase Price shall be reduced, concurrently with such issue, to a price (calculated to the nearest .01 of a cent) determined by multiplying such Purchase Price by a fraction (i) the numerator of which shall be the sum of (1) the number of shares of Common Stock outstanding immediately prior to such issue and (2) the number of shares of Common Stock which the aggregate consideration received by the Company for the total number of such Additional Shares of Common Stock so issued would purchase at the Closing Bid Price, and (ii) the denominator of which shall be the number of shares of Common Stock outstanding immediately after such issue or sale, provided, however, that, for the purposes of this Section 3.2, (X) immediately after any dividend or subdivision or consolidation or combination that is effected by DSWAdditional Shares of Common Stock are deemed to have been issued pursuant to Section 3.2, such Additional Shares shall be deemed to be outstanding, and (Y) treasury shares shall not be deemed to be outstanding.