Common use of Dividends and Other Distributions Clause in Contracts

Dividends and Other Distributions. In the event that the Company shall at any time prior to the exercise of all of the Warrants and/or Underlying Warrants distribute to its stockholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the Company), whether issued by the Company or by another, the Holders of the unexercised Warrants shall thereafter be entitled, in addition to the shares of Common Stock or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such distribution as if the Warrants had been exercised immediately prior to such distribution. At the time of any such distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the exercise of all of the Warrants and/or Underlying Warrants distribute to its stockholders shareholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the Company), whether issued by the Company or by another, the Holders of the unexercised Warrants shall thereafter be entitled, in addition to the shares of Common Stock or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such distribution as if the Warrants had been exercised immediately prior to such distribution. At the time of any such distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the earlier of (i) exercise of all of the Warrants and/or Underlying Warrants Warrant or (ii) the Expiration Date, distribute to its stockholders shareholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the Company), whether issued by the Company or by another, the Holders of the unexercised Warrants Warrant Holder shall thereafter be entitled, in addition to the shares of Common Stock Shares or other securities Warrant Securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrantsthe Warrant, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they the Warrant Holder would have been entitled to receive at the time of such distribution as if the Warrants Warrant had been exercised immediately prior to such distribution. At the time of any such distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection Section or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the earlier of (i) exercise of all of the Warrants and/or Underlying Warrants Option or (ii) the Expiration Date, distribute to its stockholders shareholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the Company), whether issued by the Company or by another, the Holders of the unexercised Warrants Option Holder shall thereafter be entitled, in addition to the shares of Common Stock Shares or other securities Option Securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrantsthe Option, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they the Option Holder would have been entitled to receive at the time of such distribution as if the Warrants Option had been exercised immediately prior to such distribution. At the time of any such distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection Section or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the exercise of all of the Warrants and/or Underlying Warrants distribute to its stockholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the Company), whether issued by the Company or by another, the Holders of the unexercised Warrants shall thereafter be entitled, in addition to the shares of Common Stock or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such distribution as if the Warrants had been exercised immediately prior to such distribution. At the time of any such distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the exercise of all Underwriter's Warrants declare a dividend (other than a dividend consisting solely of the Warrants and/or Underlying Warrants shares of Common Stock) or otherwise distribute to its stockholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out shares of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the CompanyCommon Stock), whether issued by the Company or by another, or any other thing of value, the Holders of the unexercised Underwriter's Warrants shall thereafter be entitled, in addition to the shares of Common Stock or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Underwriter's Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such dividend or distribution as if the Underwriter's Warrants had been exercised immediately prior to the record date for such dividend or distribution. At the time of any such dividend or distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution8.9.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the earlier of (i) exercise of all of the Warrants and/or Underlying Warrants Warrant or (ii) the Expiration Date, distribute to its stockholders shareolders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the Company), whether issued by the Company or by another, the Holders of the unexercised Warrants Warrant Holder shall thereafter be entitled, in addition to the shares of Common Stock Shares or other securities Warrant Securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrantsthe Warrant, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they the Warrant Holder would have been entitled to receive at the time of such distribution as if the Warrants Warrant had been exercised immediately prior to such distribution. At the time of any such distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection Section or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the exercise of all of the Warrants and/or and Underlying Warrants distribute to its stockholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the Company), whether issued by the Company or by another, the Holders of the unexercised Warrants shall thereafter be entitled, in addition to the shares of Common Stock or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such distribution as if the Warrants had been exercised immediately prior to such distribution. At the time of any such distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Priceexercise price of such Warrants, which shall be effective as of the day following the record date for such distribution.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the earlier of (i) exercise of all of the Warrants and/or Underlying Warrants or (ii) the Expiration Date, distribute to its stockholders shareholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the Company), whether issued by the Company or by another, the Holders of the unexercised Warrants shall thereafter be entitled, in addition to the shares of Common Stock or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such distribution as if the Warrants had been exercised immediately prior to such distribution. At the time of any such distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the exercise of all Representatives' Warrants declare a dividend (other than a dividend consisting solely of the Warrants and/or Underlying Warrants shares of Preferred Stock) or otherwise distribute to its stockholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out shares of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the CompanyPreferred Stock), whether issued by the Company or by another, or any other thing of value, the Holders of the unexercised Representatives' Warrants shall thereafter be entitled, in addition to the shares of Common Preferred Stock or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Representatives' Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such dividend or distribution as if the Representatives' Warrants had been exercised immediately prior to such dividend or distribution. At the time of any such dividend or distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution8.8.

Dividends and Other Distributions. In the event that the --------- --- ----- ------------- Company shall at any time prior to the exercise of all of the Warrants and/or Underlying Warrants declare a dividend (other than a dividend consisting solely of shares of Common Stock) or otherwise distribute to its stockholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out shares of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the CompanyCommon Stock), whether issued by the Company or by another, or any other thing of value, the Holders of the unexercised Warrants shall thereafter be entitled, in addition to the shares of Common Stock and Redeemable Warrants or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such dividend or distribution as if the Warrants had been exercised immediately prior to such dividend or distribution. At the time of any such dividend or distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distributionSection 8(h).

Dividends and Other Distributions. In the event that the Company shall at any time prior to the exercise of all of the Warrants and/or Underlying Warrants distribute to its stockholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the Company), whether issued by the Company or by another, the Holders of the unexercised Warrants shall thereafter be entitled, in addition to 15 the shares of Common Stock or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such distribution as if the Warrants had been exercised immediately prior to such distribution. At the time of any such distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the exercise of all Warrants declare a dividend (other than a dividend consisting solely of shares of Common Stock or dividends in the Warrants and/or Underlying Warrants form of warrants declared prior to the date hereof) or otherwise distribute to its stockholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out shares of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the CompanyCommon Stock), whether issued by the Company or by another, or any other thing of value, the Holders Holder of the unexercised Warrants shall thereafter be entitled, in addition to the shares of Common Stock or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such dividend or distribution as if the Warrants had been exercised immediately prior to such dividend or distribution. At the time of any such dividend or distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distributionSection 8.8.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the exercise of all of the Warrants and/or Underlying Warrants distribute to its stockholders any assets, property, rights, evidences of indebtedness, indebtedness or securities (other than a distribution made as a cash dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the CompanyCompany and other than distributions covered by Sections 8.1 or 8.2 above), whether issued by the Company or by another, the Holders of the unexercised Warrants shall thereafter be entitled, in addition to the shares of Common Stock or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such distribution as if the Warrants had been exercised immediately prior to such distribution. At the time of any such distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution.

Dividends and Other Distributions. In the event that the Company shall at any time prior to the exercise of all Underwriter's Warrants declare a dividend (other than a dividend consisting solely of the Warrants and/or Underlying Warrants shares of Common Stock) or otherwise distribute to its stockholders any assets, property, rights, evidences of indebtedness, securities (other than a distribution made as a cash dividend payable out shares of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdictions of incorporation of the CompanyPreferred Stock), whether issued by the Company or by another, or any other thing of value, the Holders of the unexercised Underwriter's Warrants shall thereafter be entitled, in addition to the shares of Common Stock or other securities and property receivable upon the exercise thereof, to receive, upon the exercise of such Underwriter's Warrants, the same property, assets, rights, evidences of indebtedness, securities or any other thing of value that they would have been entitled to receive at the time of such dividend or distribution as if the Underwriter's Warrants had been exercised immediately prior to such dividend or distribution. At the time of any such dividend or distribution, the Company shall make appropriate reserves to ensure the timely performance of the provisions of this subsection or an adjustment to the Exercise Price, which shall be effective as of the day following the record date for such distribution8.8.