In case. (1) the Company shall declare a dividend or other distribution on its Common Stock payable (i) otherwise than exclusively in cash or (ii) exclusively in cash in an amount that would require any adjustment pursuant to Section 2(b); or
Appears in 9 contracts
Samples: Option Agreement (Sciclone Pharmaceuticals Inc), Option Agreement (Sciclone Pharmaceuticals Inc), Sciclone Pharmaceuticals Inc
In case. (1i) the Company shall declare a dividend (or any other distribution distribution) on its Common Stock payable (i) otherwise than exclusively in cash or (ii) exclusively in cash in an amount that would require any an adjustment in the Number of Shares pursuant to paragraph (e) of Section 2(b)15; or
Appears in 3 contracts
Samples: Warrant Agreement (Usn Communications Inc), Warrant Agreement (Usn Communications Inc), Warrant Agreement (United Usn Inc)
In case. (1i) the Company shall declare a dividend (or any other distribution distribution) on its Common Stock payable (i) otherwise than exclusively in cash or (ii) exclusively in cash in an amount that would require any adjustment pursuant to Section 2(b)out of its retained earnings; or
Appears in 3 contracts
Samples: Warrant Agreement (Aames Financial Corp/De), Warrant Agreement (Thirty Five East Investments LLC), Warrant Agreement (Aames Financial Corp/De)
In case. (1i) the Company shall declare a dividend (or any other distribution distribution) on its Common Stock payable (i) otherwise than exclusively in cash or out of its retained earnings (ii) exclusively excluding dividends payable in cash in an amount that would require any stock for which adjustment is made pursuant to Section 2(bthe terms of the Registered Securities and Bearer Securities); or
Appears in 3 contracts
Samples: Fiscal Agency Agreement (Thermo Electron Corp), Fiscal Agency Agreement (Thermo Ecotek Corp), Fiscal Agency Agreement (Thermo Cardiosystems Inc)
In case. (1a) the Company shall declare a dividend or any other distribution on its Common Stock payable (i) otherwise than exclusively in cash or (ii) exclusively in cash in an amount that would require any adjustment pursuant to Section 2(b)out of its earned surplus; or
Appears in 2 contracts
Samples: Trade Conversion Agreement (Factory Card Outlet Corp), Factory Card Outlet Corp
In case. (1a) the Company shall declare a dividend (or any other distribution distribution) on its Common Stock Shares payable (i) otherwise than exclusively in cash or (ii) exclusively in cash in an amount that would require any adjustment pursuant to Section 2(b)out of its retained earnings; or
Appears in 2 contracts
Samples: Alexanders Inc, Alexanders Inc
In case. (1a) the Company shall declare a dividend (or any other distribution distribution) on its Common Stock payable (i) otherwise other than exclusively in cash or (ii) exclusively in cash in an amount that would require any adjustment pursuant to Section 2(bout of retained earnings); or
Appears in 2 contracts
Samples: Indenture (Key Energy Group Inc), Key Energy Group Inc
In case. (1) the Company shall declare a dividend (or any other distribution distribution) on its Common Stock payable (i) otherwise than exclusively in cash or (ii) exclusively in cash in an amount that would require any adjustment pursuant to Section 2(b)10.04; or
Appears in 1 contract
Samples: Indenture (Orion Power Holdings Inc)
In case. (1) the Company shall declare a dividend (or any other distribution distribution) on its Common Stock Ordinary Shares payable (i) otherwise than exclusively in cash or (ii) exclusively in cash in an amount that would require any adjustment pursuant to Section 2(b)11.4; or
Appears in 1 contract
Samples: Indenture (Drdgold LTD)
In case. (1a) the Company shall declare a dividend (or any other distribution distribution) on its Common Stock payable (i) otherwise than exclusively in cash or (ii) exclusively in cash in an amount that would require any adjustment pursuant to Section 2(b)12.4; or
Appears in 1 contract
Samples: Cuc International Inc /De/
In case. (1) the Company Corporation shall declare a dividend (or any other distribution distribution) on its Common Stock payable (i) otherwise than exclusively in cash or (ii) exclusively in cash in an amount that would require any adjustment pursuant to Section 2(b)2.4; or
Appears in 1 contract
Samples: Supplemental Indenture (Constellation Energy Group Inc)
