Common use of Other Distributions Clause in Contracts

Other Distributions. In the event the Company shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iii), then, in each such case for the purpose of this subsection 5(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Other Distributions. In the event the Company Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iiiSection 4(d)(iii), then, in each such case for the purpose of this subsection 5(eSection 4(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company Corporation into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company Corporation entitled to receive such distribution.

Other Distributions. In the event the Company Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection Section 5(d)(ii) or 5(d)(iii), then, in each such case for the purpose of this subsection Section 5(e), the holders of the Series A D Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company Corporation into which their shares of Series D Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company Corporation entitled to receive such distribution.

Other Distributions. In the event the Company this corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iii4(d)(iii), then, in each such case for the purpose of this subsection 5(e4(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company corporation into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company corporation entitled to receive such distribution.

Other Distributions. In the event the Company this corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iii3(iv)(iii), then, in each such case for the purpose of this subsection 5(e3(v), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company this corporation into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company this corporation entitled to receive such distribution.

Other Distributions. In the event the Company Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company Corporation or other persons, assets assets, cash (excluding cash dividendsdividends declared out of retained earnings) or options or rights not referred to in subsection 5(d)(iii)Section 5, then, in each such case for the purpose of this subsection 5(e)Section 7, the holders of the Series A E Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company Corporation into which their shares of Preferred Stock are would be convertible as of the record date fixed for the determination of the holders of Common Stock of the Company Corporation entitled to receive such distribution.

Other Distributions. In the event the this Company shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iii5.1(a), then, in each such case for the purpose of this subsection 5(e)Section 5.2, the holders Holders of the Series A Preferred Stock Warrants shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company into which their shares of Preferred Stock Warrants are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Other Distributions. In the event the Company Corporation ------------------- shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iiiSection 5(d)(ii), then, in each such case for the purpose of this subsection Section 5(e), the holders of the Series A B- 1 Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company Corporation into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company Corporation entitled to receive such distribution.

Other Distributions. In the event the this Company shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the this Company or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iiiSection 4(d)(i), then, in each such case for the purpose of this subsection 5(eSection 4(d), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Other Distributions. In the event the Company Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iiiSubsection 5(c)(i), then, in each such case for the purpose of this subsection 5(eSubsection 5(d), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company Corporation entitled to receive such distribution.

Other Distributions. In the event the Company shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iiiSection 4(d)(iii), then, in each such case for the purpose of this subsection 5(eSection 4(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Other Distributions. In the event the Company this corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iii4(d)(iii), then, in each such case for the purpose of this subsection 5(e4(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company this corporation into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company this corporation entitled to receive such distribution.

Other Distributions. In the event the Company shall declare or otherwise effect a dividend or distribution payable in securities of other persons, evidences of indebtedness issued by the Company or other persons, assets (excluding cash dividends) or options or rights Common Stock Equivalents not referred to in subsection 5(d)(iii5(d)(i), then, in each such case for the purpose of this subsection 5(e)case, the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such dividend or distribution as though they were the holders of the number of shares of Common Stock of the Company into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such dividend or distribution.

Other Distributions. In the event the this Company shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the this Company or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iiiSection 4(d)(i), then, in each such case for the purpose of this subsection 5(eSection 4(d), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Other Distributions. In the event the Company Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iii5(d)(i), then, in each such case for the purpose of this subsection 5(e6(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company Corporation entitled to receive such distribution.

Other Distributions. In the event the Company Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company this Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iiiSubsection 5(c)(i), then, in each such case for the purpose of this subsection 5(eSubsection 5(d), the holders of the Series A C Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company into which their shares of Series C Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Other Distributions. In Subject to the terms of Section 1, in the event the Company shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iii)this Section 4, then, in each such case for the purpose of this subsection 5(e)Section 4, the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Other Distributions. In the event the Company shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iii6(d)(i), then, in each such case for the purpose of this subsection 5(e6(e), the holders of the Series A B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company into which their shares of Series B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Other Distributions. In the event the Company this corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iii4(c)(i), then, in each such case for the purpose of this subsection 5(e4(d), the holders of the Series A B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company this corporation into which their shares of Series B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company this corporation entitled to receive such distribution.

Other Distributions. In the event the Company this Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company this Corporation or other persons, assets (excluding cash dividends) or other options or rights not referred to in subsection 5(d)(iii5(d)(i), then, in each such case for the purpose of this subsection Subsection 5(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company this Corporation into which their shares of Preferred Series A Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company this Corporation entitled to receive such distribution.

Other Distributions. In the event the Company Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company Corporation or other persons, persons or assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iii), then, in each such case for the purpose of this subsection 5(e)Section 6, the holders of the Series A B Convertible Preferred Stock shall be entitled entitled, upon conversion of the Series B Convertible Preferred Stock, to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company Corporation into which their shares of Series B Convertible Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company Corporation entitled to receive such distribution.

Other Distributions. In the event the Company shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iiiSection 5(c)(i), then, in each such case for the purpose of this subsection 5(eSection 5(d), the holders of the Series A B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company into which their shares of such Series B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Other Distributions. In the event the Company Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iii)Section 5(c)(i) hereof, then, in each such case for the purpose of this subsection 5(eSection 5(d), the holders of the shares of Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of shares of Common Stock of the Company entitled to receive such distribution.

Other Distributions. In the event the Company Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Company Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 5(d)(iiiSubsection 5(c)(i), then, in each such case for the purpose of this subsection 5(eSubsection 5(d), the holders of the Series A B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the Company Corporation into which their shares of Series B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Company Corporation entitled to receive such distribution.