Common use of Treatment of Stock Dividends, Stock Splits, etc Clause in Contracts

Treatment of Stock Dividends, Stock Splits, etc. In case the Company or DSW at any time or from time to time after the date hereof, shall declare or pay any dividend on, in the case of the Company, the Common Stock payable in Common Stock or, in the case of DSW, the DSW Stock payable in DSW Stock, or shall effect a subdivision of the outstanding shares, in the case of the Company, of Common Stock or, in the case of DSW, of DSW Stock, into a greater number of such shares (by reclassification or otherwise than by payment of a dividend in Common Stock or DSW Stock), then, and in each such case, the number of shares of Common Stock or DSW Stock, as the case may be, obtainable upon exercise of this Warrant shall be proportionately increased and the applicable Purchase Price shall be proportionately decreased. In case the Company or DSW at any time or from time to time after the date hereof, shall effect any combination or consolidation of the outstanding shares of, in the case of the Company, Common Stock or, in the case of DSW, DSW Stock, into a lesser number of such shares, then, and in each such case, the number of shares of Common Stock or DSW Stock, as the case may be, obtainable upon exercise of this Warrant shall be proportionately decreased and the applicable Purchase Price shall be proportionately increased. Any adjustment made under this Section shall become effective (a) in the case of any such dividend, immediately after the close of business on the record date for the determination of holders of any class of securities entitled to receive such dividend, or (b) in the case of any such subdivision, at the close of business on the day immediately prior to the day upon which such corporate action becomes effective. For the avoidance of doubt, after the consummation of a Spin-Off and satisfaction of the Company’s obligations to make the distribution to the Holder required by Section 3.3(b) no adjustment shall be made pursuant to this Section 3.4 for any dividend or subdivision or consolidation or combination that is effected by DSW.

Appears in 7 contracts

Samples: Financing Agreement (Retail Ventures Inc), Financing Agreement (Retail Ventures Inc), Financing Agreement (Retail Ventures Inc)

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Treatment of Stock Dividends, Stock Splits, etc. In case the Company or DSW at any time or from time to time after the date hereof, shall declare or pay any dividend on, in the case of the Company, the Common Stock payable in Common Stock or, in the case of DSW, the DSW Stock payable in DSW Stock, or shall effect a subdivision of the outstanding shares, in the case of the Company, of Common Stock or, in the case of DSW, of DSW Stock, into a greater number of such shares (by reclassification or otherwise than by payment of a dividend in Common Stock or DSW Stock), then, and in each such case, the number of shares of Common Stock or DSW Stock, as the case may be, obtainable upon exercise of this Warrant shall be proportionately increased and the applicable Purchase Price shall be proportionately decreased. In case the Company or DSW at any time or from time to time after the date hereof, shall effect any combination or consolidation of the outstanding shares of, in the case of the Company, Common Stock or, in the case of DSW, DSW Stock, into a lesser number of such shares, then, and in each such case, the number of shares of Common Stock or DSW Stock, as the case may be, obtainable upon exercise of this Warrant shall be proportionately decreased and the applicable Purchase Price shall be proportionately increased. Any adjustment made under this Section shall become effective (a) in the case of any such dividend, immediately after the close of business on the record date for the determination of holders of any class of securities entitled to receive such dividend, or (b) in the case of any such subdivision, at the close of business on the day immediately prior to the day upon which such corporate action becomes effective. For the avoidance of doubt, after the consummation of a Spin-Off and satisfaction of the Company’s 's obligations to make the distribution to the Holder required by Section 3.3(b) no adjustment shall be made pursuant to this Section 3.4 for any dividend or subdivision or consolidation or combination that is effected by DSW.

Appears in 2 contracts

Samples: Financing Agreement (DSW Inc.), Financing Agreement (Retail Ventures Inc)

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