Common use of ADJUSTMENT RIGHTS Clause in Contracts

ADJUSTMENT RIGHTS. In the event the Guarantor at any time or from time to time prior to the exercise of the conversion rights of all the Secured Promissory Notes makes, or fixes a record date for the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in capital stock of the Issuer other than shares of Common Stock or Common Stock Equivalents, then and in each such event provision shall be made so that the Note Holders shall receive upon exercise of their conversion rights, in addition to the number of Securities, shares of Common Stock receivable thereupon, the amount of securities which such Holders would have received had they exercised their conversion rights prior to such effective record date.

ADJUSTMENT RIGHTS. In the event the Guarantor Parent at any time or from time to time prior to the exercise of the conversion rights of all the Secured Promissory Notes makes, or fixes a record date for the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in capital stock of the Issuer Parent other than shares of Common Stock or Common Stock Equivalents, then and in each such event provision shall be made so that the Note Holders shall receive upon exercise of their conversion rights, in addition to the number of SecuritiesSeries A Preferred Shares, shares of Common Stock receivable thereupon, the amount of securities which such Holders would have received had they exercised their conversion rights prior to such effective record date.