Common use of Other Dividends or Distributions Clause in Contracts

Other Dividends or Distributions. If the Maker, at any time or from time to time after the issuance of this Note, makes a distribution to the holders of Common Stock which is payable in securities of the Maker other than Common Stock, then, in each such event, provision shall be made so that the Payee shall receive upon conversion of this Note, in addition to the number of shares of Common Stock, the amount of such securities of the Maker which would have been received if the portion of this Note so converted had been exercised for Common Stock on the date of such event, subject to adjustments subsequent to the date of such event with respect to such distributed securities which shall be on terms as nearly equivalent as practicable to the adjustments provided in this Section 3(e)(iii) and all other adjustments under this Section 3(e). Nothing contained in this Section 3(e)(iii) shall be deemed to permit the payment of any distribution in violation of the Loan Agreement.

Other Dividends or Distributions. If the MakerBorrower, at any time or from time to time after the issuance date of this NoteAgreement, makes a distribution to the holders of Common Stock which is payable in securities of the Maker Borrower other than Common Stock, then, in each such event, provision shall be made so that the Payee Lender shall receive upon conversion of this Note, in addition to the number of shares of Common Stock, the amount of such securities of the Maker Borrower which would have been received if the portion of this the Note so converted had been exercised for Common Stock on the date of such event, subject to adjustments subsequent to the date of such event with respect to such distributed securities which shall be on terms as nearly equivalent as practicable to the adjustments provided in this Section 3(e)(iii(d)(iii) and all other adjustments under this Section 3(e(d). Nothing contained in this Section 3(e)(iii(d)(iii) shall be deemed to permit the payment of any distribution in violation of the Loan Agreement.