Common use of Certain Other Dividends and Distributions Clause in Contracts

Certain Other Dividends and Distributions. With respect to any securities which are of the same class and series as any Warrant Stock for which this Warrant is exercisable pursuant to Section 1 hereof, if at any time the Company shall fix a record date for the purpose of determining the holders of such securities entitled to receive any dividend or other distribution (including any such distribution made in connection with a consolidation or merger, but excluding any distribution referred to in subparagraph (b) above and any conversion, exercise, exchange or other actions taken by the Company pursuant to its obligations to holders of Units held by certain third parties) of: (i) any evidence of indebtedness, shares of its capital stock (including any securities convertible into such securities but excluding Common Stock for which an adjustment is made pursuant to Section 11(a)) or any other securities or property of any nature whatsoever; (ii) any warrants or other rights to subscribe for or purchase any evidence of its indebtedness, any shares of its stock (including any securities convertible into such securities but excluding Common Stock for which an adjustment is made pursuant to Section 11(a)); or (iii) any other of its securities or its property of any nature whatsoever (other than normal cash dividends or cash distributions permitted under applicable law), then such other dividends on or with respect to the Warrant or on the Warrant Shares shall not be received until and unless, and except to the extent that the Warrant is exercised. The Holder of the Warrant shall have no present or beneficial right in such other dividends or distributions until the Warrant is exercised.

Certain Other Dividends and Distributions. With respect to any securities which are of the same class and series as any Warrant Stock for which this Warrant is exercisable pursuant to Section 1 2 hereof, if at any time the Company shall fix a record date for the purpose of determining the holders of such securities entitled to receive any dividend or other distribution (including any such distribution made in connection with a consolidation or merger, but excluding any distribution referred to in subparagraph (b) above and any conversion, exercise, exchange or other actions taken by the Company pursuant to its obligations to holders above) of Units held by certain third parties) of: (i) any evidence of indebtedness, shares of its capital stock (including any securities convertible into such securities but excluding Common Stock for which an adjustment is made pursuant to Section 11(a12(a)) or any other securities or property of any nature whatsoever; , or (ii) any warrants or other rights to subscribe for or purchase any evidence of its indebtedness, any shares of its stock (including any securities convertible into such securities but excluding Common Stock for which an adjustment is made pursuant to Section 11(a12(a)); ) or (iii) any other of its securities or its property of any nature whatsoever (other than normal cash dividends or cash distributions permitted under applicable law), then such other dividends on or with respect to the number of shares of Warrant or on the Warrant Shares shall not be received until and unless, and except to the extent that the Stock for which this Warrant is exercised. The Holder of exercisable, the Warrant Maximum Price and the related Vested Price shall have no present or beneficial right in such other dividends or distributions until the Warrant is exercised.be adjusted as follows: