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

Distribution of Indebtedness, Securities or Assets. In case the Company shall distribute to all or substantially all Holders of its Shares of Common Stock any shares of Capital Stock of the Company (other than Shares of Common Stock), evidences of Indebtedness or other non-cash assets, or shall distribute to all or substantially all holders of its Shares of Common Stock rights or warrants to subscribe for or purchase any of its securities but excluding (w) those rights and warrants referred to in Section 4.06(c); (x) the distribution of rights to all holders of Shares of Common Stock pursuant to the adoption of a Rights Plan or the detachment of such rights under the terms of such Rights Plan; (y) dividends or distributions of stock referred to in Section 4.06(b) and (z) dividends and distributions paid exclusively in cash (such capital stock, evidence of its indebtedness, other non-cash assets or securities being distributed hereinafter in this Section 4.06(d) called the “distributed assets”)), then in each such case the Conversion Price in effect immediately before the close of business on the record date fixed for the determination of shareholders entitled to such distribution shall be adjusted by multiplying such current Conversion Price by a fraction:

Distribution of Indebtedness, Securities or Assets. In case the Company shall distribute to all or substantially all Holders of its Shares of Common Stock Beneficial Interest any shares of Capital Stock of the Company (other than Shares of Common StockBeneficial Interest), evidences of Indebtedness or other non-cash assets, or shall distribute to all or substantially all holders of its Shares of Common Stock Beneficial Interest rights or warrants to subscribe for or purchase any of its securities but excluding (w) those rights and warrants referred to in Section 4.06(c); (x) the distribution of rights to all holders of Shares of Common Stock Beneficial Interest pursuant to the adoption of a Rights Plan or the detachment of such rights under the terms of such Rights Plan; (y) dividends or distributions of stock referred to in Section 4.06(b) and (z) dividends and distributions paid exclusively in cash (such capital stock, evidence of its indebtedness, other non-cash assets or securities being distributed hereinafter in this Section 4.06(d) called the “"distributed assets”")), then in each such case the Conversion Price in effect immediately before the close of business on the record date fixed for the determination of shareholders entitled to such distribution shall be adjusted by multiplying such current Conversion Price by a fraction: