Extraordinary Dividends and Distributions. In case the Company at any time or from time to time after the date hereof shall declare, order, pay or make a dividend or other distribution (including, without limitation, any distribution of other or additional stock or other securities or property or Options by way of dividend or spin-off, reclassification, recapitalization or similar corporate rearrangement) on the Common Stock, then, in each such case, subject to Section 3.8, the Purchase Price in effect immediately prior to the close of business on the record date fixed for the determination of holders of any class of securities entitled to receive such dividend or distribution shall be reduced, effective as of the close of business on such record date, to a price determined by multiplying such Purchase Price by a fraction
Extraordinary Dividends and Distributions. In case the Company at any time or from time to time after the date hereof shall declare, order, pay or make a dividend or other distribution (including, without limitation, any distribution of other or additional stock or other securities or property or Options by way of dividend or spin-off, reclassification, recapitalization or similar corporate rearrangement) on the Common Stock, other than a dividend payable in Additional Shares of Common Stock, then, and in each such case, subject to section 2.8, the Warrant Price in effect immediately prior to the close of business on the record date fixed for the determination of holders of any class of securities entitled to receive such dividend or distribution shall be reduced, effective as of the close of business on such record date, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Warrant Price by a fraction
Extraordinary Dividends and Distributions. In case at any time the Company shall pay a dividend or make a distribution to all holders of Capital Stock, as such, of shares of its stock, evidences of its indebtedness, assets, or rights, options, or warrants to subscribe for or purchase such shares, evidences of indebtedness, or assets, other than (i) a dividend or distribution payable in Capital Stock, Convertible Securities or (ii) a dividend or distribution payable in cash out of earnings or earned surplus, then in each such case the Exercise Price shall be adjusted so that the same shall equal the price determined by multiplying the Exercise Price in effect immediately prior to the record date mentioned below by a fraction, the numerator of which shall be the total number of shares of Capital Stock outstanding on such record date multiplied by the market price per share of Capital Stock (determined as provided in PARAGRAPH 4(E) hereof) on such record date, less the fair market value (as determined in good faith by the Board of Directors of the Company) as of such record date of such shares of stock, evidences of indebtedness, assets, or rights, options, or warrants so paid or distributed, and the denominator of which shall be the total number of shares of Capital Stock outstanding on such record date multiplied by the market price per share of Capital Stock (determined as provided in PARAGRAPH 4(E) hereof) on such record date. Such adjustment shall be made whenever such dividend is paid or such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive such dividend or distribution.
Extraordinary Dividends and Distributions. In case the Corporation at any time or from time to time after the date hereof shall declare, order, pay or make a dividend or other distribution (including, without limitation, (i) any distribution of other or additional stock, (ii) other securities or property or (iii) rights, options or warrants to subscribe for purchase or otherwise acquire either shares of Common Stock or securities convertible into or exchangeable for shares of Common Stock, by way of dividend or spin-off, reclassification, recapitalization or similar corporate rearrangement) on the Common Stock other than (a) a dividend payable in shares of Common Stock, then, in each such case, the Corporation shall make proper provision to pay to the Holder of this Warrant, at the time of the exercise of this Warrant such dividend or distribution paid to the holders of the Common Stock, an amount equal to the product of (i) the Warrant Quantity and (ii) the Fair Value of such dividend or distribution, at the time of such dividend or distribution, applicable to one share of Common Stock.
Extraordinary Dividends and Distributions. In case at any time the Company shall declare a dividend or any other distribution upon the shares of Stock payable otherwise than out of current net earnings or earned surplus and otherwise than in shares of Stock or securities convertible into or exchangeable for shares of Stock, then the new Purchase Price in effect immediately after such declaration shall be the Purchase Price in effect immediately prior to such declaration reduced by an amount equal, in the case of a dividend or distribution in cash, to the amount of such dividend or distribution payable per share of Stock or, in the case of any other dividend or distribution, to the fair value of such dividend or distribution per share of Stock at the time such dividend or distribution was declared, as determined by the Board of Directors of the Company. For the purposes of the foregoing, a dividend or distribution other than in cash shall be considered payable out of current net earnings or earned surplus only to the extent that such current net earnings or earned surplus are charged an amount equal to the fair value of such dividend or distribution at the time of the declaration of such dividend or distribution, as determined by the Board of Directors of the Company. Such reductions shall take effect as of the date set for the purposes of such dividend or distribution, or, if a record date is not set, the date as of which the holders of record of shares of Stock entitled to such dividend or distribution are to be determined.
Extraordinary Dividends and Distributions. In case LVDGT at any time or from time to time after the date hereof shall declare, order, pay or make a dividend or other distribution (including, without limitation, any distribution of other or additional stock or other securities or property or Other Options by way of dividend or spin-off, reclassification, recapitalization or similar corporate rearrangement) on the Shares, other than (a) a dividend payable in Additional Shares or (b) a regular periodic cash dividend at a rate not in excess of 110% of the rate of the last regular periodic cash dividend theretofore paid, then, and in each such case, subject to Section 3.7, the Option Price in effect immediately prior to the close of business on the record date fixed for the determination of holders of any class of securities entitled to receive such dividend or distribution shall be reduced, effective as of the close of business on such record date, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Option Price by a fraction
Extraordinary Dividends and Distributions. If the Company, at any time while the Warrants are outstanding, shall pay a dividend or make a distribution (including, without limitation, any distribution of other or additional stock or other securities or property or options by way of dividend or spin-off, reclassification, recapitalization or similar corporate rearrangement) in cash, securities or other assets to the holders of Common Stock (or other shares of the Company’s capital stock into which the Warrants are convertible), other than (a) as described in Sections 4.1, 4.3 or 4.5, or (b) a regularly scheduled cash distribution payable out of funds from operations of the Company (which shall be computed by the Company in accordance with the April 2002 “White Paper” on funds from operation published by the National Association of Real Estate Investment Trusts (“NAREIT”), which defines funds from operations as net income attributable to common stockholders (determined in accordance with U.S. generally accepted accounting principles), excluding gains or losses from sales of property, plus depreciation and amortization and after adjustments for unconsolidated partnerships and joint ventures) (any such non-excluded event being referred to herein as an “Extraordinary Dividend”), then the Warrant Price shall be decreased, effective immediately after the effective date of such Extraordinary Dividend, by the Fair Market Value applicable to one share of Common Stock of such Extraordinary Dividend; provided that, in the event that the amount of such adjustment reduces the Warrant Price to below zero, then in lieu of any adjustment to the Warrant Price, adequate provision shall be made so that the Registered Holder shall receive, at the time such Extraordinary Dividend is paid to the holders of the Common Stock, a pro rata share of such Extraordinary Dividend based upon the maximum number of shares of Common Stock at the time issuable to the Registered Holder (determined without regard to whether the Warrant is exercisable at such time.).
Extraordinary Dividends and Distributions. In case the Company ----------------------------------------- at any time or from time to time after the date hereof shall declare, order, pay or make a dividend or other distribution (including, without limitation, any distribution of other or additional stock or other securities or property or Options by way of dividend or spin-off, reclassification, recapitalization or similar corporate rearrangement) on the Common Stock other than (a) a dividend - payable in Additional Shares of Common Stock or (b) a regularly scheduled cash - dividend payable out of consolidated earnings or earned surplus, determined in accordance with generally accepted accounting principles, then, in each such case, subject to Section 2.8, the Warrant Quantity in effect immediately prior to the close of business on the record date fixed for the determination of holders of any class of securities entitled to receive such dividend or distribution shall be increased, effective as of the close of business on such record date, to an amount determined by multiplying such Warrant Quantity by a fraction.
Extraordinary Dividends and Distributions. In case the Company at any time or from time to time after the date hereof shall declare, order, pay or make a dividend or other distribution (including, without limitation, any distribution of other or additional stock or other securities or property by way of dividend or spin-off, reclassification, recapitalization or similar corporate rearrangement) on the Common Stock, other than dividends or distributions payable in Additional Shares of Common Stock and other than cash dividends or other cash distributions, which do not constitute Extraordinary Cash Dividends, then, and in each such case, subject to Section 2.7, the Warrant Price in effect immediately prior to the close of business on the record date fixed for the determination of holders of any class of securities entitled to receive such dividend or distribution shall be reduced, effective as of the close of business on such record date, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Warrant Price by a fraction
Extraordinary Dividends and Distributions. If at any time the Company shall pay a dividend or make a distribution to all holders of Capital Stock, as such, which dividend or distribution is payable otherwise than in cash out of earnings or earned surplus and otherwise than in Capital Stock, Convertible Securities, or Options, then thereafter the holder of this Warrant, upon the exercise of this Warrant, shall be entitled to receive the number of shares of Common Stock being purchased upon such exercise and, in addition thereto and without further payment, the stock and other securities and property (including cash) which such holder would have received by way of dividends or distributions (otherwise than in cash out of earnings or earned surplus or in Capital Stock, Convertible Securities, or Options) as if continuously, since the date of the original issue of this Warrant, such holder (i) had been the record holder of the number of shares of Common Stock then being purchased, and (ii) had retained all dividends and distributions in stock or other securities (other than Capital Stock, Convertible Securities, or Options) which would have been paid in respect of such Common
