Common use of Liquidating Dividends, Etc Clause in Contracts

Liquidating Dividends, Etc. Make a distribution of its property to the holders of its Common Stock as a dividend in liquidation or partial liquidation or by way of return of capital other than as a dividend payable out of funds legally available for dividends under the laws of the State of Delaware, the Issuer shall concurrently make a cash payment to the Holder of this Warrant equal to the fair market value of such property as would have been payable to such Holder had such Holder been the Holder of record of the number of shares of Warrant Stock issuable upon exercise of this Warrant on the record date for such distribution or if no such record is taken, on the date of such distribution; and appropriate provision therefor shall be made a part of any such distribution; or