Common use of Adjustment for Other Distributions Clause in Contracts

Adjustment for Other Distributions. If at any time after the date ------------------------------------ hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E x M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. M = the current market price (as defined in (e) below) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined by the Board of Directors of the Company) on the record date of the assets or debt security to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. This subsection does not apply to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the ---------------------------------- date ------------------------------------ hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E x M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. M = the current market price (as defined in (e) below) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined by the Board of Directors of the Company) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. This subsection does not apply to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the date ------------------------------------ ----------------------------------- hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E E'=E x M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. M = the current market price (as defined in (e) below) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined by the Board of Directors of the Company) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. This subsection does not apply to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the date ------------------------------------ ------------------------------------- hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E' = E x M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. M = the current market price (as defined in (e) below) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined by the Board of Directors of the Company) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. This subsection does not apply to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the date ------------------------------------ ------------------------------------- hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E E'=E x M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. M = the current market price (as defined in (e) below) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined by the Board of Directors of the Company) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. This subsection does not apply to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the date ------------------------------------ ------------------------------------- hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E x M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. M = the current market price (as defined in (e) belowSection 4 above) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined by the Board of Directors of the Company) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. In addition to the foregoing, the number of shares of capital stock of the Company which the holder is entitled to receive upon exercise of their Warrant shall be appropriately and equitably adjusted as determined by the Company's Board of Directors to make appropriate provision for any adjustments in the Exercise price made on account of the foregoing This subsection does not apply to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the date ------------------------------------ ----------------------------------- hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E x M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. M = the current market price (as defined in (e) below) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined by the Board of Directors of the Company) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. This subsection does not apply to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the date ------------------------------------ ----------------------------------- hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E x M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. M = the current market price (as defined in (e) belowSection 3 hereof) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined solely by the Board of Directors of the Company, acting in good faith) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. This subsection Section 5(c) does not apply to transactions covered by Section 5(b) or to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the date ------------------------------------ hereofClosing Date, the Company Maker distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Conversion Price following the record date shall be adjusted in accordance with the following formula: E'= E C' = C x M-F --- M where: EC' = the adjusted Exercise Conversion Price. E C = the Exercise Conversion Price immediately prior to the adjustment. M = the current market price (as defined in (e) below) per share of Maker's Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined by the Maker's Board of Directors of the CompanyDirectors) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Maker's Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders stockholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Conversion Price shall again be adjusted to the Exercise Conversion Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Conversion Price be adjusted to an amount less than zero. This subsection Section 3(b)(ii) does not apply to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company Maker and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the date ------------------------------------ hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E' = E x M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. M = the current market price (as defined in (e) below) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined by the Board of Directors of the Company) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. This subsection does not apply to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the date ------------------------------------ hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E x M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. M = the current market price (as defined in (e) below) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined by the Board of Directors of the Company) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. This subsection does not apply to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the date ------------------------------------ hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E x X M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. , M = the current market price (as defined in (e) below) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined by the Board of Directors of the Company) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. This subsection does not apply to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.

Adjustment for Other Distributions. If at any time after the ----------------------------------- date ------------------------------------ hereof, the Company distributes to all holders of its Common Stock any of its assets or its debt securities, the Exercise Price following the record date shall be adjusted in accordance with the following formula: E'= E x M-F --- M where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. M = the current market price (as defined in (e) belowSection 3 hereof) per share of Common Stock on the record date of the distribution. F = the aggregate fair market value (as conclusively determined solely by the Board of Directors of the Company, acting in good faith) on the record date of the assets or debt security securities to be distributed divided by the number of outstanding shares of Common Stock. The adjustment shall be made successively whenever any such distribution is made and shall become effective immediately after the record date for the determination of shareholders entitled to receive the distribution. In the event that such distribution is not actually made, the Exercise Price shall again be adjusted to the Exercise Price as determined without giving effect to the calculation provided hereby. In no event shall the Exercise Price be adjusted to an amount less than zero. This subsection Section 5(c) does not apply to transactions covered by Section 5(b) or to cash dividends or cash distributions paid out of consolidated current or retained earnings as shown on the books of the Company and paid in the ordinary course of business.