Common use of Notice To Be Given Clause in Contracts

Notice To Be Given. Nothing contained in this Warrant shall be ------------------ construed as conferring upon the Purchaser the right to vote or to consent or to receive notice as a shareholder in respect of any meetings of shareholders for the election of directors or any other matter or as having any rights whatsoever as a shareholder of the Company. If, however, at any time prior to the expiration of this Warrant and prior to its exercise, any of the following events shall occur: (a) The Company shall take a record of the holders of its shares of Common Stock for the purpose of entitling them to receive a dividend or distribution; or (b) A capital reorganization or reclassification of the Common Stock, a merger or consolidation of the Company with any other entity, dissolution, liquidation or winding up of the Company or a sale of all or substantially all of its property, assets and business as an entirety shall be proposed; then the Company shall give written notice of such event to the Purchaser of this Warrant at least 30 days prior to the date fixed as the record date or the date of closing the transfer books in connection with such transaction unless greater notice is required pursuant to the terms of Section 3.4 hereof. Such notice shall specify such record date or the date of closing the transfer books, as the case may be. Such notice shall also set forth such facts as shall indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Purchase Price and the kind and amount of the Common Stock and other securities and property deliverable upon exercise of this Warrant. Such notice shall also specify the date as of which the holders of the Common Stock of record shall participate in any such distribution or subscription rights or shall be entitled to exchange their Common Stock for securities or other property deliverable upon any such reorganization, reclassification, sale, consolidation, merger, dissolution, liquidation or winding up, as the case may be (on which date, in the event of voluntary or involuntary dissolution, liquidation or winding up of the Company, the right to exercise this Warrant shall terminate).

Notice To Be Given. Nothing contained in this Warrant shall be ------------------ construed as conferring upon the Purchaser the right to vote or to consent or to receive notice as a shareholder in respect of any meetings of shareholders for the election of directors or any other matter or as having any rights whatsoever as a shareholder of the Company. If, however, at any time prior to the expiration of this Warrant and prior to its exercise, any of the following events shall occur: (a) The Company shall take a record of the holders of its shares of Common Stock for the purpose of entitling them to receive a dividend or distribution; or (b) The Company shall offer to the holders of its Common Stock, or others, any additional shares of capital stock of the Company or securities convertible into or exchangeable for shares of capital stock of the Company, or any option, right or warrant to subscribe therefore; or (c) The Company proposes to register any of its securities under the Securities Act; or (d) A capital reorganization or reclassification of the Common Stock, a merger or consolidation of the Company with any other entity, dissolution, liquidation or winding up of the Company or a sale of all or substantially all of its property, assets and business as an entirety shall be proposed; then the Company shall give written notice of such event to the Purchaser of this Warrant at least 30 days prior to the date fixed as the record date or the date of closing the transfer books in connection with such transaction unless greater notice is required pursuant to the terms of Section 3.4 hereof. Such notice shall specify such record date or the date of closing the transfer books, as the case may be. Such notice shall also set forth such facts as shall indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Purchase Price and the kind and amount of the Common Stock and other securities and property deliverable upon exercise of this Warrant. Such notice shall also specify the date as of which the holders of the Common Stock of record shall participate in any such distribution or subscription rights or shall be entitled to exchange their Common Stock for securities or other property deliverable upon any such reorganization, reclassification, sale, consolidation, merger, dissolution, liquidation or winding up, as the case may be (on which date, in the event of voluntary or involuntary dissolution, liquidation or winding up of the Company, the right to exercise this Warrant shall terminate).