Common use of Adjustment for Other Distributions Clause in Contracts

Adjustment for Other Distributions. If, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its debt securities or assets or any rights, warrants or options to purchase securities of the Company (including cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 and distributions of rights, warrants or options referred to in Section 7.7 and (y) cash dividends or other cash distributions that are paid out of current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.8, in accordance with the formula: R' = R x M ------ (M-F) where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.

Adjustment for Other Distributions. (a) If, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its assets excluding distributions of Capital Stock or equity interests referred to in Section 10.08(b), or debt securities or assets or any rights, warrants or options to purchase securities of the Company (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 10.06 and distributions of rights, warrants or options referred to in Section 7.7 10.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), ) the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.810.08(c), in accordance with the formula: R' = R x M ------ (M-F) -------- M - F where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.

Adjustment for Other Distributions. (a) If, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its assets excluding distributions of Capital Stock or equity interests referred to in Section 11.08(b), or debt securities or assets or any rights, warrants or options to purchase securities of the Company (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 11.06 and distributions of rights, warrants or options referred to in Section 7.7 11.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), ) the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.811.08(c), in accordance with the formula: 57 64 R' = R x M ------ (M-F) ----- M - F where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.

Adjustment for Other Distributions. (a) If, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its assets excluding distributions of Capital Stock or equity interests referred to in Section 11.08(b), or debt securities or assets or any rights, warrants or options to purchase securities of the Company (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 11.06 and distributions of rights, warrants or options referred to in Section 7.7 11.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.811.08(c), in accordance with the formula: R' = R x M ------ (----- M-F) F where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.

Adjustment for Other Distributions. (a) If, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its assets excluding distributions of Capital Stock or equity interests referred to in Section 11.08(b), or debt securities or assets or any rights, warrants or options to purchase securities of the Company (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 11.06 and distributions of rights, warrants or options referred to in Section 7.7 11.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), ) the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.811.08(c), in accordance with the formula: R' = R x M ------ (M-F) ----- M - F where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.

Adjustment for Other Distributions. (a) If, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its assets, excluding distributions of Capital Stock or equity interests referred to in Section 11.08(b), or debt securities or assets or any rights, warrants or options to purchase securities of the Company (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 11.06 and distributions of rights, warrants or options referred to in Section 7.7 11.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), ) the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.811.08(c), in accordance with the formula: R' = R x M ------ (M-F) --------- M - F where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.

Adjustment for Other Distributions. (a) If, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its assets, excluding distributions of Capital Stock or equity interests referred to in Section 11.08(b), or debt securities or assets or any rights, warrants or options to purchase securities of the Company (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 11.06 and distributions of rights, warrants or options referred to in Section 7.7 11.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), ) the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.811.08(c), in accordance with the formula: R' = R x M ------ (M-F) ----- M - F where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.

Adjustment for Other Distributions. IfSubject to 11.08(b), if, ---------------------------------- after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its assets excluding distributions of capital stock or debt securities or assets or any rights, warrants or options to purchase securities of the Company (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock capital stock referred to in Section 7.6 11.06 and distributions of rights, warrants or options referred to in Section 7.7 11.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), ) the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.811.08(c), in accordance with the formula: R x M R' = R x -------- M ------ (M-F) - F where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.

Adjustment for Other Distributions. (a) If, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its assets excluding distributions of Capital Stock or equity interests referred to in Section 10.08(b), or debt securities or assets or any rights, warrants or options to purchase securities of the Company (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 10.06 and distributions of rights, warrants or options referred to in Section 7.7 10.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), ) the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.810.08(c), in accordance with the formula: R' = R x M ------ (M-F) ----- M - F where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.

Adjustment for Other Distributions. (a) If, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its debt securities assets excluding distributions of Capital Stock or assets equity interests referred to in Section 11.08(b), or evidences of indebtedness of the Company or any rights, warrants or options to purchase securities of the Company (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 11.06 and distributions of rights, warrants or options referred to in Section 7.7 11.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), ) the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.811.08(c), in accordance with the formula: R' = R x M ------ (----- M-F) F where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.

Adjustment for Other Distributions. (a) If, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company Parent distributes to all holders of its shares of Common Stock any of its assets excluding distributions of Capital Stock or equity interests referred to in Section 11.08(b), or debt securities or assets or any rights, warrants or options to purchase securities of the Company Parent (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 11.06 and distributions of rights, warrants or options referred to in Section 7.7 11.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company Parent unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), the Conversion Exchange Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.811.08(c), in accordance with the formula: R' = R x M ------ (----- M-F) F where: R' = the adjusted Conversion Exchange Rate. R = the current Conversion Exchange Rate.

Adjustment for Other Distributions. If(a) Subject to 11.08(c), if, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its assets (excluding distributions of Capital Stock) or debt securities or assets or any rights, warrants or options to purchase securities of the Company (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 11.06 and distributions of rights, warrants or options referred to in Section 7.7 11.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), ) the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.811.08(c), in accordance with the formula: R' = R x M ------ (M-F) --------- M - F where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.

Adjustment for Other Distributions. (a) If, after the Issue ---------------------------------- Date of the 2001 Convertible Securities, the Company distributes to all holders of its shares of Common Stock any of its assets excluding distributions of Capital Stock or equity interests referred to in Section 11.08(b), or debt securities or assets or any rights, warrants or options to purchase securities of the Company (including securities or cash, but excluding (x) distributions of Common Stock or Capital Stock referred to in Section 7.6 11.06 and distributions of rights, warrants or options referred to in Section 7.7 11.07 and (y) cash dividends or other cash distributions that are paid out of consolidated current consolidated net earnings or consolidated earnings retained in the business as shown on the books of the Company unless such cash dividends or other cash distributions are Extraordinary Cash Dividends), ) the Conversion Rate shall be adjusted, subject to the provisions of the last paragraph of this Section 7.811.08(c), in accordance with the formula: R' = R x M ------ (M-F) ----- M - F where: R' = the adjusted Conversion Rate. R = the current Conversion Rate.. M = the Average Sale Price, minus, in the case of a distribution to which Section 11.06(4) applies, for which (i) the record date shall occur on or before the record date for the