Common use of Participating Dividends Clause in Contracts

Participating Dividends. In addition to the dividends payable on the Series B Convertible Preferred Stock pursuant to Section 4.1 and Section 4.2 hereof, if the Corporation declares or pays a dividend or distribution of cash or other property (other than Common Stock to which Section 8.6(b) apply) on the Common Stock, the Corporation shall simultaneously declare and pay a dividend in cash or such other property on the Series B Convertible Preferred Stock on a pro rata basis with the Common Stock determined on an as-converted basis assuming all Preferred Stock then outstanding had been converted pursuant to Section 8 as of immediately prior to the record date of the applicable dividend (or if no record date is fixed, the date as of which the record holders of Common Stock entitled to such dividends are to be determined).

Appears in 1 contract

Sources: Investment Agreement (AgroFresh Solutions, Inc.)

Participating Dividends. In addition to the dividends payable on the Series B B-1 Convertible Preferred Stock pursuant to Section 4.1 and Section 4.2 hereof, if the Corporation declares or pays a dividend or distribution of cash or other property (other than Common Stock to which Section 8.6(b) apply) on the Common Stock, the Corporation shall simultaneously declare and pay a dividend in cash or such other property on the Series B B-1 Convertible Preferred Stock on a pro rata basis with the Common Stock determined on an as-converted basis assuming all Preferred Stock then outstanding had been converted pursuant to Section 8 as of immediately prior to the record date of the applicable dividend (or if no record date is fixed, the date as of which the record holders of Common Stock entitled to such dividends are to be determined).

Appears in 1 contract

Sources: Investment Agreement (AgroFresh Solutions, Inc.)

Participating Dividends. In addition to any other dividends accruing or declared hereunder, in the dividends payable on the Series B Convertible Preferred Stock pursuant to Section 4.1 and Section 4.2 hereof, if event that the Corporation declares or pays a dividend or distribution of cash any dividends upon the Common Stock (whether payable in cash, securities or other property (other than Common property), the Corporation shall also declare and pay to the holders of the Series A Preferred Stock at the same time that it declares and pays such dividends to which Section 8.6(b) apply) on the holders of the Common Stock, the Corporation shall simultaneously declare dividends which would have been declared and pay a dividend in cash or such other property on the Series B Convertible Preferred Stock on a pro rata basis paid with respect to the Common Stock determined on an as-converted basis assuming all issuable upon conversion of the Series A Preferred Stock then as if all of the outstanding Series A Preferred Stock had been converted pursuant to Section 8 as of into Common Stock immediately prior to the record date of the applicable dividend (for such dividend, or if no record date is fixed, the date as of which the Corporation will determine the record holders of Common Stock entitled to such dividends are to be determined)dividends.

Appears in 1 contract

Sources: Securities Purchase Agreement (Surgery Partners, Inc.)