Common use of Distribution of Indebtedness, Securities or Assets Clause in Contracts

Distribution of Indebtedness, Securities or Assets. In case the Company shall distribute by dividend or otherwise to all or substantially all holders of its Common Stock evidences of its indebtedness, securities, assets or rights, options or warrants to purchase the Company’s securities (provided that if these rights are only exercisable upon the occurrence of a specified triggering event or events (“Trigger Event”), then the Conversion Rate will not be adjusted until the Trigger Events occur, and any shares of Common Stock delivered upon conversion of the Notes at any time following distribution of such rights but prior to the expiration thereof or the occurrence of a Trigger Event shall be accompanied by a corresponding amount of such rights or warrants), but excluding:

Distribution of Indebtedness, Securities or Assets. In case the Company shall distribute by dividend or otherwise to all or substantially all holders of its Common Stock evidences of its indebtedness, securities, assets or rights, options or warrants to purchase the Company’s securities (provided that if these rights are only exercisable upon the occurrence of a specified triggering event or events (“Trigger Event”), then the Conversion Rate will not be adjusted until the Trigger Events occur, and any shares of Common Stock delivered upon conversion of the Notes at any time following distribution of such rights rights, options or warrants but prior to the expiration thereof or the occurrence of a Trigger Event shall be accompanied by a corresponding amount of such rights rights, options or warrants), but excluding: