Common use of Spin-Off Clause in Contracts

Spin-Off. If, at any time prior to the Conversion Date or the date of payment of the Company Redemption Amount hereunder, the Company consummates a spin off or otherwise divest itself of a part of its business or operations or disposes all or of a part of its assets in a transaction (the "SPIN OFF") in which the Company does not receive just compensation for such business, operations or assets, but causes securities of another entity (the "SPIN OFF SECURITIES") to be issued to security holders of the Company, then the Company shall cause (i) to be reserved Spin Off Securities equal to the number thereof which would have been issued to the Holder had all of the holder's shares of Designated Preferred Stock outstanding on the record date (the "RECORD DATE") for determining the amount and number of Spin Off Securities to be issued to security holders of the Company (the "OUTSTANDING DESIGNATED PREFERRED STOCK") been converted as of the close of business on the trading day immediately before the Record Date (the "RESERVED SPIN OFF SHARES"), and (ii) to be issued to the Holder on the conversion of all or any of the outstanding Designated Preferred Stock, such amount of the Reserved Spin Off Shares equal to (x) the Reserved Spin Off Shares multiplied by (y) a fraction, of which (a) the numerator is the principal amount of the outstanding Designated Preferred Stock then being converted, and (b) the denominator is the principal amount of the outstanding Designated Preferred Stock.

Spin-Off. If, at any time prior to the a Conversion Date or the date of payment of the Company Redemption Amount hereunderDate, the Company consummates a spin off or otherwise divest divests itself of a part of its business or operations or disposes of all or of a part of its assets in a transaction (the "SPIN OFFSpin Off") in which the Company does not receive just compensation for such business, operations or assets, but causes securities of another entity (the "SPIN OFF SECURITIESSpin Off Securities") to be issued to security holders of the Company, then the Company shall cause (i) to be reserved Spin Off Securities equal to the number thereof which would have been issued to the Holder had all of the holder's shares of Designated Series G Preferred Stock Shares outstanding on the record date (the "RECORD DATERecord Date") for determining the amount and number of Spin Off Securities to be issued to security holders of the Company (the "OUTSTANDING DESIGNATED PREFERRED STOCK") been converted as of the close of business on the trading day immediately before the Record Date (the "RESERVED SPIN OFF SHARESReserved Spin Off Shares"), and (ii) to be issued to the Holder on the conversion of all or any of the outstanding Designated Series G Preferred StockShares, such amount of the Reserved Spin Off Shares equal to (x) the Reserved Spin Off Shares multiplied by (y) a fraction, of which (a) the numerator is the principal amount of the outstanding Designated Series G Preferred Stock Shares then being converted, and (b) the denominator is the principal amount of all the outstanding Designated Series G Preferred StockShares.

Spin-Off. If, at any time prior to the a Conversion Date or the date of payment of the Company Redemption Amount hereunderDate, the Company consummates a spin off or otherwise divest divests itself of a part of its business or operations or disposes of all or of a part of its assets in a transaction (the "SPIN OFFSpin Off") in which the Company does not receive just compensation for such business, operations or assets, but causes securities of another entity (the "SPIN OFF SECURITIESSpin Off Securities") to be issued to security holders of the Company, then the Company shall cause (i) to be reserved Spin Off Securities equal to the number thereof which would have been issued to the Holder had all of the holder's shares of Designated Series H Preferred Stock outstanding on the record date (the "RECORD DATERecord Date") for determining the amount and number of Spin Off Securities to be issued to security holders of the Company (the "OUTSTANDING DESIGNATED PREFERRED STOCK") been converted as of the close of business on the trading day immediately before the Record Date (the "RESERVED SPIN OFF SHARESReserved Spin Off Shares"), and (ii) to be issued to the Holder on the conversion of all or any of the outstanding Designated Series H Preferred Stock, such amount of the Reserved Spin Off Shares equal to (x) the Reserved Spin Off Shares multiplied by (y) a fraction, of which (a) the numerator is the principal amount of the outstanding Designated Preferred Stock then being converted, and (b) the denominator is the principal amount of the outstanding Designated Preferred Stock.Series

Spin-Off. If, at any time prior to the a Conversion Date or the date of payment of the Company Redemption Amount hereunderDate, the Company consummates a spin off or otherwise divest divests itself of a part of its business or operations or disposes of all or of a part of its assets in a transaction (the "SPIN OFFSpin Off") in which the Company does not receive just compensation for such business, operations or assets, but causes securities of another entity (the "SPIN OFF SECURITIESSpin Off Securities") to be issued to security holders of the Company, then the Company shall cause (i) to be reserved Spin Off Securities equal to the number thereof which would have been issued to the Holder had all of the holder's shares of Designated Series F Preferred Stock Shares outstanding on the record date (the "RECORD DATERecord Date") for determining the amount and number of Spin Off Securities to be issued to security holders of the Company (the "OUTSTANDING DESIGNATED PREFERRED STOCK") been converted as of the close of business on the trading day immediately before the Record Date (the "RESERVED SPIN OFF SHARESReserved Spin Off Shares"), and (ii) to be issued to the Holder on the conversion of all or any of the outstanding Designated Series F Preferred StockShares, such amount of the Reserved Spin Off Shares equal to (x) the Reserved Spin Off Shares multiplied by (y) a fraction, of which (a) the numerator is the principal amount of the outstanding Designated Series F Preferred Stock Shares then being converted, and (b) the denominator is the principal amount of all the outstanding Designated Series F Preferred StockShares.