Common use of Other Distributions Clause in Contracts

Other Distributions. If the Company, at any time while this Warrant is outstanding, distributes to holders of Common Stock (i) evidences of its indebtedness, (ii) shares of any class of capital stock, (iii) rights or warrants to subscribe for or purchase any shares of any class of capital stock or (iv) any other asset, other than a distribution of Common Stock covered by Section 9(a), (in each case, "DISTRIBUTED PROPERTY"), then in each such case the Exercise Price in effect immediately prior to the record date fixed for determination of stockholders entitled to receive such distribution (and the Exercise Price thereafter applicable) shall be adjusted (effective on and after such record date) to equal the product of such Exercise Price multiplied by a fraction, (A) the numerator of which shall be Market Price on such record date less the then fair market value of the Distributed Property distributed in respect of one outstanding share of Common Stock, which, if the Distributed Property is other than cash or marketable securities, shall be as determined in good faith by the Board of Directors of the Company whose determination shall be described in a board resolution, and (B) the denominator of which shall be the Market Price on such record date; provided, however, that if following the record date for such distribution the Company rescinds or modifies such distribution, the Exercise Price shall be appropriately adjusted (as of the date that the Company effectively rescinds or modifies such distribution) to take into account the effect of such rescinded or modified distribution on the Exercise Price pursuant to this Section 9(d).

Other Distributions. If the Company, at any time while this Warrant is outstanding, distributes to holders of Common Stock (i) evidences of its indebtedness, (ii) shares of any class of capital stock, (iii) rights or warrants to subscribe for or purchase any shares of any class of capital stock or (iv) any other asset, other than a distribution of Common Stock covered by Section 9(a), (in each case, "DISTRIBUTED PROPERTY"“Distributed Property”), then in each such case the Exercise Price in effect immediately prior to the record date fixed for determination of stockholders entitled to receive such distribution (and the Exercise Price thereafter applicable) shall be adjusted (effective on and after such record date) to equal the product of such Exercise Price multiplied by a fraction, (A) the numerator of which shall be Market Price on such record date less the then fair market value of the Distributed Property distributed in respect of one outstanding share of Common Stock, which, if the Distributed Property is other than cash or marketable securities, shall be as reasonably determined in good faith by the Board of Directors of the Company whose determination shall be described in a board resolution, and (B) the denominator of which shall be the Market Price on such record date; provided, however, that if following the record date for such distribution the Company rescinds or modifies such distribution, the Exercise Price shall be appropriately adjusted (as of the date that the Company effectively rescinds or modifies such distribution) to take into account the effect of such rescinded or modified distribution on the Exercise Price pursuant to this Section 9(d).

Other Distributions. If the Company, at any time while this Warrant is outstanding, distributes to holders of Common Stock (i) evidences of its indebtedness, (ii) shares of any class of capital stock, (iii) rights or warrants to subscribe for or purchase any shares of any class of capital stock or (iv) any other asset, other than a distribution of Common Stock covered by Section 9(a), (in each case, "DISTRIBUTED PROPERTY"“Distributed Property”), then in each such case the Exercise Price in effect immediately prior to the record date fixed for determination of stockholders entitled to receive such distribution (and the Exercise Price thereafter applicable) shall be adjusted (effective on and after such record date) to equal the product of such Exercise Price multiplied by a fraction, (A) the numerator of which shall be Market Price on such record date less the then fair market value of the Distributed Property distributed in respect of one outstanding share of Common Stock, which, if the Distributed Property is other than cash or marketable securities, shall be as determined in good faith by the Board of Directors of the Company whose determination shall be described in a board resolution, and (B) the denominator of which shall be the Market Price on such record date; provided, however, that if following the record date for such distribution the Company rescinds or modifies such distribution, the Exercise Price shall be appropriately adjusted (as of the date that the Company effectively rescinds or modifies such distribution) to take into account the effect of such rescinded or modified distribution on the Exercise Price pursuant to this Section 9(d).

Other Distributions. If In case the Company, at any time while this Warrant is outstanding, distributes Company shall fix a record date for the making of a distribution to all holders of shares of its Common Stock (i1) evidences of its indebtedness, (ii) shares of any class of capital stock, (iii) rights or warrants to subscribe for or purchase any shares of any class of capital stock other than its Common Stock or (iv2) of evidence of indebtedness of the Company or any other assetsubsidiary or (3) of assets, other than a distribution or (4) of Common Stock covered by Section 9(a), warrants or similar rights (in each case, "DISTRIBUTED PROPERTY"case excluding any dividends or distribution referred to in Section 10.1(d)), then in each such case the Exercise Price in effect immediately prior to on the record date fixed will be reduced by an amount equal, in the case of a distribution in cash, to the amount thereof payable per share of the Common Stock, or in the case of any other distribution, to the fair value thereof per share of the Common Stock as determined by the Board of Directors. Such reductions shall take effect on the record date for determination such distribution. In such event, the number of stockholders entitled to receive such distribution (and Shares issuable upon the Exercise Price thereafter applicable) exercise of this Warrant shall be adjusted increased to the number obtained by dividing (effective on and after such record datex) to equal the product of such Exercise Price multiplied by a fraction, (A) the numerator number of which shall be Market Price on Shares issuable upon the exercise of this Warrant before such record date less the then fair market value of the Distributed Property distributed in respect of one outstanding share of Common Stock, which, if the Distributed Property is other than cash or marketable securities, shall be as determined in good faith by the Board of Directors of the Company whose determination shall be described in a board resolutionadjustment, and (B) the denominator of which shall be Exercise Price in effect immediately prior to the Market issuance giving rise to this adjustment by (y) the new Exercise Price on such record date; provided, however, determined in accordance with the immediately preceding sentence. In the event that if following the record date for such distribution the Company rescinds or modifies such distributionis not so made, the Exercise Price and the number of Shares issuable upon exercise of this Warrant then in effect shall be appropriately adjusted (readjusted, effective as of the date that when the Company effectively rescinds Board determines not to distribute such shares, evidences of indebtedness, assets, rights or modifies such distribution) warrants, as the case may be, to take into account the effect of such rescinded or modified distribution on the Exercise Price pursuant to that would then be in effect and the number of Warrant Shares that would then be issuable upon exercise of this Section 9(d)Warrant if such record date and distribution had not been fixed.

Other Distributions. If In case the Company, at any time while this Warrant is outstanding, distributes Company shall fix a record date for the making of a distribution to all holders of shares of its Common Stock (i) evidences of its indebtedness, (ii) shares of any class other than its Common Stock or (ii) of capital stock, evidence of indebtedness of the Company or any subsidiary or (iii) rights of assets (excluding cash dividends or warrants distributions, and dividends or distributions referred to subscribe for or purchase any shares of any class of capital stock in Section 5(c) above) or (iv) any other asset, other than a distribution of Common Stock covered by rights or warrants (excluding those referred to in Section 9(a5(b)), (in each case, "DISTRIBUTED PROPERTY"), then in each such case the Exercise Price in effect immediately prior thereto shall be reduced to the record date fixed for determination of stockholders entitled to receive such distribution (and price determined by multiplying the Exercise Price thereafter applicablein effect immediately prior to any such distribution by the fraction determined by dividing (A) shall be adjusted an amount equal to the difference resulting from (effective x) fair market value price per share of Common Stock on and after such record date) to equal the product of such Exercise Price multiplied by a fraction, less (Ay) the numerator of which shall be Market Price on such record date less the then fair market value of the Distributed Property distributed in respect of one outstanding share of Common Stock, which, if the Distributed Property is other than cash or marketable securities, shall be (as determined in good faith by the Board of Directors of the Company Directors, whose determination shall be described in a board resolutionconclusive) of said shares or evidences of indebtedness or assets or rights or warrants to be so distributed divided by the number of shares of Common Stock outstanding on such record date, and by (B) the denominator fair market value price per share of which shall be the Market Price Common Stock on such record date; provided, however, that if following the . Such adjustment shall be made successively whenever such a record date for is fixed. In the event that such distribution the Company rescinds or modifies such distributionis not so made, the Exercise Price then in effect shall be appropriately adjusted (readjusted, effective as of the date that when the Company effectively rescinds Board of Directors determines not to distribute such shares, evidence of indebtedness, assets, rights or modifies such distribution) warrants, as the case may be, to take into account the effect of such rescinded or modified distribution on the Exercise Price pursuant to this Section 9(d)which would then be in effect if such record date had not been fixed.

Other Distributions. If the Company, at any time while this Warrant is outstanding, distributes to holders of Common Stock (i) evidences of its indebtedness, (ii) shares of any class of capital stock, (iii) rights or warrants to subscribe for or purchase any shares of any class of capital stock or (iv) any other asset, other than a distribution of Common Stock covered by Section SECTION 9(a), (in each case, "DISTRIBUTED PROPERTY"), then in each such case the Exercise Price in effect immediately prior to the record date fixed for determination of stockholders entitled to receive such distribution (and the Exercise Price thereafter applicable) shall be adjusted (effective on and after such record date) to equal the product of such Exercise Price multiplied by a fraction, (A) the numerator of which shall be Market Price on such record date less the then fair market value of the Distributed Property distributed in respect of one outstanding share of Common Stock, which, if the Distributed Property is other than cash or marketable securities, shall be as determined in good faith by the Board of Directors of the Company whose determination shall be described in a board resolution, and (B) the denominator of which shall be the Market Price on such record date; providedPROVIDED, howeverHOWEVER, that if following the record date for such distribution the Company rescinds or modifies such distribution, the Exercise Price shall be appropriately adjusted (as of the date that the Company effectively rescinds or modifies such distribution) to take into account the effect of such rescinded or modified distribution on the Exercise Price pursuant to this Section 9(d).

Other Distributions. If the Company, at any time while this Warrant is outstanding, distributes to holders of Common Stock (i) evidences of its indebtedness, (ii) shares of any class of capital stock, (iii) rights or warrants to subscribe for or purchase any shares of any class of capital stock or (iv) any other asset, other than a distribution of Common Stock covered by Section 9(a10(a), (in each case, "DISTRIBUTED PROPERTY"), then in each such case the Exercise Price in effect immediately prior to the record date fixed for determination of stockholders entitled to receive such distribution (and the Exercise Price thereafter applicable) shall be adjusted (effective on and after such record date) to equal the product of such Exercise Price multiplied by a fraction, (A) the numerator of which shall be Market Price on such record date less the then fair market value of the Distributed Property distributed in respect of one outstanding share of Common Stock, which, if the Distributed Property is other than cash or marketable securities, shall be as determined in good faith by the Board of Directors of the Company whose determination shall be described in a board resolution, and (B) the denominator of which shall be the Market Price on such record date; provided, however, that if following the record date for such distribution the Company rescinds or modifies such distribution, the Exercise Price shall be appropriately adjusted (as of the date that the Company effectively rescinds or modifies such distribution) to take into account the effect of such rescinded or modified distribution on the Exercise Price pursuant to this Section 9(d10(d).

Other Distributions. If the Company, at any time while this Warrant is outstanding, distributes to holders of Common Stock (i) evidences of its indebtedness, (ii) shares of any class of capital stock, (iii) rights or warrants to subscribe for or purchase any shares of any class of capital stock or (iv) any other asset, other than a distribution of Common Stock covered by Section 9(a), or ordinary cash dividends not to exceed $0.50 per year (in each case, "DISTRIBUTED PROPERTY"“Distributed Property”), then in each such case the Exercise Price in effect immediately prior to the record date fixed for determination of stockholders entitled to receive such distribution (and the Exercise Price thereafter applicable) shall be adjusted (effective on and after such record date) to equal the product of such Exercise Price multiplied by a fraction, (A) the numerator of which shall be Market Price on such record date less the then fair market value of the Distributed Property distributed in respect of one outstanding share of Common Stock, which, if the Distributed Property is other than cash or marketable securities, shall be as reasonably determined in good faith by the Board of Directors of the Company whose determination shall be described in a board resolution, and (B) the denominator of which shall be the Market Price on such record date; provided, however, that if following the record date for such distribution the Company rescinds or modifies such distribution, the Exercise Price shall be appropriately adjusted (as of the date that the Company effectively rescinds or modifies such distribution) to take into account the effect of such rescinded or modified distribution on the Exercise Price pursuant to this Section 9(d).

Other Distributions. If the Company, at any time while this Warrant is outstanding, distributes to holders of Common Stock (i) evidences of its indebtedness, (ii) shares of any class of capital stock, (iii) rights or warrants to subscribe for or purchase any shares of any class of capital stock or (iv) any other asset, other than a distribution of Common Stock covered by Section 9(a), (in each case, "DISTRIBUTED PROPERTY"“Distributed Property”), then in each such case the Exercise Price and the exercise price of the Share Warrants in effect immediately prior to the record date fixed for determination of stockholders entitled to receive such distribution (and the Exercise Price and the exercise price of the Share Warrants thereafter applicable) shall be adjusted (effective on and after such record date) to equal the product of such Exercise Price or exercise price of the Share Warrants, as applicable, multiplied by a fraction, (A) the numerator of which shall be Market Price on such record date less the then fair market value of the Distributed Property distributed in respect of one outstanding share of Common Stock, which, if the Distributed Property is other than cash or marketable securities, shall be as reasonably determined in good faith by the Board of Directors of the Company whose determination shall be described in a board resolution, and (B) the denominator of which shall be the Market Price on such record date; provided, however, that if following the record date for such distribution the Company rescinds or modifies such distribution, the Exercise Price and the exercise price of the Share Warrants shall be appropriately adjusted (as of the date that the Company effectively rescinds or modifies such distribution) to take into account the effect of such rescinded or modified distribution on the Exercise Price and the exercise price of the Share Warrants, as applicable, pursuant to this Section 9(d).