Common use of Other Distributions Clause in Contracts

Other Distributions. In the event the Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iii), then, in each such case for the purpose of this Section 5(e), the holders of Series 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 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 Corporation entitled to receive such distribution.

Appears in 3 contracts

Sources: Restructuring and Exchange Agreement (Yuma Energy, Inc.), Merger Agreement (Yuma Energy, Inc.), Agreement and Plan of Merger and Reorganization (Yuma Energy, Inc.)

Other Distributions. In the event the this Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the this Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 6(e)(iii), then, in each such case for the purpose of this Section 5(esubsection 6(f), the holders of the Series 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 this 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 this Corporation entitled to receive such distributiondistribution without regard to any limitations on the conversion of the Series D Preferred Stock contained in this Certificate of Designation.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Mullen Automotive Inc.), Securities Purchase Agreement (Mullen Automotive Inc.)

Other Distributions. In the event the Corporation this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 4(c)(iii), then, in each such case for the purpose of this Section 5(esubsection 4(d), the holders of the Series D 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 Corporation corporation into which their shares of Series D A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation corporation entitled to receive such distribution.

Appears in 2 contracts

Sources: Series a Preferred Stock Purchase Agreement (Corsair Communications Inc), Warrant Agreement (Corsair Communications Inc)

Other Distributions. In the event the Corporation shall declare a --- ------------------- distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(iiparagraph A(5)(c)(iii) or 5(d)(iii)hereof, then, in each such case for the purpose of this Section 5(eparagraph A(5)(d), the holders of shares of Series D 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 Class B Common Stock of the Corporation into which their shares of Series D B Preferred Stock are convertible as of the record date fixed for the determination of the holders of shares of Class B Common Stock of the Corporation entitled to receive such distribution.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Morse Partners LTD), Securities Purchase Agreement (Canisco Resources Inc)

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

Appears in 2 contracts

Sources: Securities Purchase Agreement (Morse Partners LTD), Securities Purchase Agreement (Canisco Resources Inc)

Other Distributions. In the event the this Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the this Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiiArticle IV.B.4(d)(iii), then, in each such case for the purpose of this Section 5(eArticle IV.B.4(e), the holders of the Series D 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 this Corporation into which their shares of Series D A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the this Corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Convertible Promissory Note Agreement (KeyOn Communications Holdings Inc.)

Other Distributions. In the event the Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) ), securities of the Corporation other than Common Stock or options or rights not referred to in Section 5(d)(ii4(c) or 5(d)(iii)hereof, then, in each such case for the purpose of this Section 5(e4(d), the holders of shares of Series D 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 Corporation into which their shares of Series D A Preferred Stock are convertible as of the record date fixed for the determination of the holders of shares of Common Stock of the Corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Registration Rights Agreement (Med-Design Corp)

Other Distributions. In the event the Corporation this corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 3A(d)(iv), then, in each such case for the purpose of this Section 5(esubsection 3A(e), the holders of the Series 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 Corporation this 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 Corporation this corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Consent, Waiver and Amendment Agreement (Valeritas Inc)

Other Distributions. In the event the Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 5(d)(i), then, in each such case for the purpose of this Section 5(esubsection 6(e), the holders of the Series D 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 Corporation into which their shares of Series D A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Stock and Warrant Purchase Agreement (Odwalla Inc)

Other Distributions. In the event the this Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the this Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 6(e)(iii), then, in each such case for the purpose of this Section 5(esubsection 6(f), the holders of the Series D 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 this Corporation into which their shares of Series D B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the this Corporation entitled to receive such distributiondistribution without regard to any limitations on the conversion of the Series B Preferred Stock contained in this Certificate of Designation.

Appears in 1 contract

Sources: Securities Purchase Agreement (Ideanomics, Inc.)

Other Distributions. In the event the Corporation this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 3(d)(i), then, in each such case for the purpose of this Section 5(esubsection 3(e), the holders of the Series D 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 Corporation this corporation into which their shares of Series D A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation this corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Preferred Stock Purchase Warrant (Foundry Networks Inc)

Other Distributions. In the event the Corporation shall declare a distribution to holders of Common Stock payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii4(c) or 5(d)(iii4(d), then, in each such case for the purpose of this Section 5(e4(e), the holders of Series D 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 Corporation into which their shares of Series D A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Stock Purchase Agreement (Gargoyles Inc)

Other Distributions. In the event the Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii4(d)(i) or 5(d)(iii4(d)(ii), then, in each such case for the purpose of this Section 5(e4(e), the holders of Series D A and Series 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 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 Corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Series B Preferred Stock Purchase Agreement (WhiteSmoke, Inc.)

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

Appears in 1 contract

Sources: Securities Purchase Agreement (Ward North America Holding Inc)

Other Distributions. In the event the Corporation this corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 4(c)(iii), then, in each such case for the purpose of this Section 5(esubsection 4(d), the holders of the Series D 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 Corporation corporation into which their shares of Series D A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Investment Agreement (PDT Inc /De/)

Other Distributions. In the event the Corporation this corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 6(d)(iii), then, in each such case for the purpose of this Section 5(esubsection 6(e), the holders of the Series D 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 Corporation corporation into which their shares of Series D A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Series a Preferred Stock Purchase Agreement (Pemstar Inc)

Other Distributions. In the event the Corporation this corporation shall declare ------------------- a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 4(c)(iii), then, in each such case for the purpose of this Section 5(esubsection 4(d), the holders of the Series D 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 Corporation corporation into which their shares of Series D A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Stock Purchase Agreement (Corsair Communications Inc)

Other Distributions. In On or prior to the Conversion Termination Date, in the event the Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iii)4, then, in each such case for the purpose of this Section 5(e)7, the holders of the Series D 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 Corporation into which their shares of Series D A Preferred Stock are would be convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Common Stock Purchase Agreement (Photogen Technologies Inc)

Other Distributions. In the event the this Corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the this Corporation or other persons, assets (excluding cash dividends) or other options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 4(d)(i), then, in each such case for the purpose of this Section 5(eSubsection 4(e), the holders of the Series D AA 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 this Corporation into which their shares of Series D AA Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the this Corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Series Aa Preferred Stock Purchase Agreement (Glaxo Wellcome PLC)

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

Appears in 1 contract

Sources: Securities Purchase Agreement (Apollo Medical Holdings, Inc.)

Other Distributions. In the event the Corporation this corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 4(d), then, in each such case for the purpose of this Section 5(esubsection 4(e), the holders of the Series D 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 Class A Common Stock of the Corporation corporation into which their shares of Series D A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Class A Common Stock of the Corporation corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Securities Purchase Agreement (Amerigon Inc)

Other Distributions. In the event the Corporation Company shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation Company or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 6(d)(i), then, in each such case for the purpose of this Section 5(esubsection 6(e), the holders of the Series D 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 Corporation Company into which their shares of Series D B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation Company entitled to receive such distribution.

Appears in 1 contract

Sources: Stock Purchase Agreement (Powercerv Corp)

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

Appears in 1 contract

Sources: Securities Purchase Agreement (Endorex Corp)

Other Distributions. In the event the Corporation this corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in Section 5(d)(ii) or 5(d)(iiisubsection 3(c)(iii), then, in each such case for the purpose of this Section 5(esubsection 3(d), the holders of the Series D 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 Corporation corporation into which their shares of Series D A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the Corporation corporation entitled to receive such distribution.

Appears in 1 contract

Sources: Series a Preferred Stock Purchase Agreement (Rhythms Net Connections Inc)

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

Appears in 1 contract

Sources: Securities Purchase Agreement (Apollo Medical Holdings, Inc.)