Common use of Adjustments for Other Dividends and Distributions Clause in Contracts

Adjustments for Other Dividends and Distributions. In the event the Corporation at any time or from time to time after the Original Issue Date shall make or issue, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or other distribution payable in securities of the Corporation other than shares of Common Stock, then and in each such event provision shall be made so that the holders of Series E Preferred Stock shall receive upon conversion thereof in addition to the number of shares of Common Stock receivable thereupon, the amount of securities of the Corporation that they would have received had their Series E Preferred Stock been converted into Common Stock on the date of such event and had thereafter, during the period from the date of such event to and including the conversion date, retained such securities receivable by them as aforesaid during such period giving application to all adjustments called for during such period under this paragraph 3 with respect to the rights of the holders of the Series E Preferred Stock. Notwithstanding the foregoing, to the extent the Corporation has a rights plan in effect with respect to the Common Stock on any date upon which Series E Preferred Stock is converted, upon conversion, the holder will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights plan.

Adjustments for Other Dividends and Distributions. In the event the Corporation at any time or from time to time after the Original Issue Date shall make or issue, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or other distribution payable in securities of the Corporation other than shares of Common Stock, then and in each such event provision shall be made so that the holders of Series E F Preferred Stock shall receive upon conversion thereof in addition to the number of shares of Common Stock receivable thereupon, the amount of securities of the Corporation that they would have received had their Series E F Preferred Stock been converted into Common Stock on the date of such event and had thereafter, during the period from the date of such event to and including the conversion date, retained such securities receivable by them as aforesaid during such period giving application to all adjustments called for during such period under this paragraph 3 with respect to the rights of the holders of the Series E F Preferred Stock. Notwithstanding the foregoing, to the extent the Corporation has a rights plan in effect with respect to the Common Stock on any date upon which Series E F Preferred Stock is converted, upon conversion, the holder will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights plan.

Adjustments for Other Dividends and Distributions. In the event the Corporation at any time or from time to time after the Original Issue Date date hereof shall make or issue, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or other distribution payable in securities of the Corporation (other than shares of Common Stock) or in cash or other property (other than cash out of earnings or earned surplus, determined in accordance with generally accepted accounting principles), then and in each such event provision shall be made so that the holders of Series E the Preferred Stock shall receive upon conversion thereof in addition to the number of shares of Common Stock receivable thereupon, the amount of securities of the Corporation that they would have received had their Series E the Preferred Stock been converted into Common Stock on the date of such event and had they thereafter, during the period from the date of such event to and including the conversion date, retained such securities receivable by them as aforesaid during such period period, giving application to all adjustments called for during such period under this paragraph 3 with respect to the rights of the holders of the Series E Preferred Stock. Notwithstanding ; and provided further, however, that no such adjustment shall be made if the foregoing, holders of Preferred Stock simultaneously receive a dividend or other distribution of such securities in an amount equal to the extent the Corporation has a rights plan in effect with respect to the amount of such securities as they would have received if all outstanding shares of Preferred Stock had been converted into Common Stock on any the date upon which Series E Preferred Stock is converted, upon conversion, the holder will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights planevent.

Adjustments for Other Dividends and Distributions. In the event the Corporation at any time or from time to time after the Original Issue Date for the Series A Convertible Preferred Stock shall make or issue, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or other distribution payable in securities of the Corporation other than shares of Common Stock, then and in each such event provision shall be made so that the holders of the Series E A Convertible Preferred Stock shall receive upon conversion thereof in addition to the number of shares of Common Stock receivable thereupon, the amount of securities of the Corporation that they would have received had their the Series E A Convertible Preferred Stock been converted into Common Stock on the date of such event and had they thereafter, during the period from the date of such event to and including the conversion date, retained such securities receivable by them as aforesaid during such period period, giving application to all adjustments called for during such period under this paragraph 3 Section 6(f) with respect to the rights of the holders of the Series E A Convertible Preferred Stock. Notwithstanding ; and provided further, however, that no such adjustment shall be made if the foregoing, holders of Series A Convertible Preferred Stock simultaneously receive a dividend or other distribution of such securities in an amount equal to the extent the Corporation has a rights plan in effect with respect to the amount of such securities as they would have received if all outstanding shares of Series A Convertible Preferred Stock had been converted into Common Stock on any the date upon which Series E Preferred Stock is converted, upon conversion, the holder will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights planevent.

Adjustments for Other Dividends and Distributions. In the event the Corporation If Parent at any time or from time to time after the Original Issue Date shall make or issueEffective Time issues, or fix fixes a record date for the determination of holders of Common Series A Preferred Stock or Series D Preferred Stock entitled to receive, a dividend or other distribution payable in securities of the Corporation Parent (other than (i) shares of Common Series A Preferred Stock, then and to holders of Series A Preferred Stock or (ii) shares of Series D Preferred Stock, to holders of Series D Preferred Stock) or other property, in each such event provision shall be made so that the holders of Series E Preferred Stock Urotek shall receive upon conversion thereof exchange of the Retained Common Stock as contemplated herein, in addition to the number of shares of Common Stock Parent Shares receivable thereupon, the amount of securities of the Corporation that they Parent or other property which it would have received had their its Retained Common Stock been exchanged into Series E A Preferred Stock been converted into Common Stock or Series D Preferred Stock, as the case may be, on the date of such event and had it thereafter, during the period from the date of such event to and including the conversion dateExchange Date or Determination Date, as the case may be, retained such securities or other property receivable by them it as aforesaid during such period giving application period, subject to all other adjustments called for during such period under this paragraph Section 3 with respect to the rights of the holders of the Series E Preferred Stock. Notwithstanding the foregoing, to the extent the Corporation has a rights plan in effect Urotek or with respect to the Common Stock on any date upon which Series E Preferred Stock is converted, upon conversionsuch other securities or other property by their terms. As used herein, the holder will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights planterm "other property" does not include cash.

Adjustments for Other Dividends and Distributions. In the event the Corporation at any time or from time to time after the Original Issue Date shall make or issue, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or other distribution payable in securities of the Corporation other than shares of Common Stock, then and in each such event provision shall be made so that the holders of the Series E A Preferred Stock shall receive upon conversion thereof in addition to the number of shares of Common Stock receivable thereupon, the amount of securities of the Corporation that they would have received had their the Series E A Preferred Stock been converted into Common Stock on the date of such event and had they thereafter, during the period from the date of such event to and including the conversion date, retained such securities receivable by them as aforesaid during such period period, giving application to all adjustments called for during such period under this paragraph 3 with respect to the rights of the holders of the Series E A Preferred Stock. Notwithstanding ; and provided further, however, that no such adjustment shall be made if the foregoing, holders of Series A Preferred Stock simultaneously receive a dividend or other distribution of such securities in an amount equal to the extent the Corporation has a rights plan in effect with respect to the amount of such securities was they would have received if all outstanding shares of Series A Preferred Stock had been converted into Common Stock on any the date upon which Series E Preferred Stock is converted, upon conversion, the holder will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights planevent.

Adjustments for Other Dividends and Distributions. In the event the Corporation If at any time or from time to time after the Original Series A Issue Date, the Original Series B Issue Date, the Original Series C Issue Date, the Original Series D Issue Date, the Original Series E Issue Date, the Original Series F Issue Date shall make or issue, or fix a record date for the determination of holders of Common Stock entitled to receive, Original Series G Issue Date the Corporation pays a dividend or other makes another distribution to the holders of the Common Stock payable in securities of the Corporation other than shares of Common Stock, then and in each such event provision shall be made so that the holders of Series E the Preferred Stock shall receive upon conversion thereof thereof, in addition to the number of shares of Common Stock receivable thereuponupon conversion thereof, the amount of securities of the Corporation that which they would have received had their Series E Preferred Stock been converted into Common Stock on the date of such event (or such record date, as applicable) and had they thereafter, during the period from the date of such event (or such record date, as applicable) to and including the conversion date, retained such securities receivable by them as aforesaid during such period giving application period, subject to all other adjustments called for during such period under this paragraph 3 Section 5 with respect to the rights of the holders of the Series E Preferred Stock. Notwithstanding the foregoing, to the extent the Corporation has a rights plan in effect Stock or with respect to the Common Stock on any date upon which Series E Preferred Stock is converted, upon conversion, the holder will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights planother securities by their terms.

Adjustments for Other Dividends and Distributions. In the event the Corporation at any time or from time to time after the Series B Original Issue Date shall make or issue, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or other distribution payable in securities of the Corporation (other than shares of Common Stock) or in cash or other property, then and in each such event provision shall be made so that the holders of the Series E B Preferred Stock shall receive upon conversion thereof thereof, in addition to the number of shares of Common Stock receivable thereuponto be received upon such conversion, the kind and amount of securities of the Corporation Corporation, cash or other property that they would have received been entitled to receive had their the Series E B Preferred Stock been converted into Common Stock on the date of such event and had they thereafter, during the period from the date of such event to and including the conversion date, retained such securities receivable by them as aforesaid during such period period, giving application to all adjustments called for during such period under this paragraph 3 with respect to the rights of the holders of the Series E B Preferred Stock. Notwithstanding ; provided, however, that no such provision shall be made if the foregoingholders of Series B Preferred Stock receive, simultaneously with the distribution to the extent the Corporation has a rights plan in effect with respect to the Common Stock on any date upon which Series E Preferred Stock is converted, upon conversion, the holder will receive, in addition to the shares holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the rights under the rights planamount of such securities, unless, prior to such date, the rights cash or other property as they would have separated from the received if all outstanding shares of Series B Preferred Stock had been converted into Common Stock in accordance with on the provisions date of such rights planevent.

Adjustments for Other Dividends and Distributions. In the event the Corporation at any time or from time to time after the Original Issue Date shall make or issue, or fix a record date for the determination of holders of shares of Common Stock entitled to receive, a dividend or other distribution payable in securities of the Corporation other than shares of Common Stock, then and in each such event provision shall be made so that the holders of shares of Series E A Preferred Stock shall receive upon conversion thereof in addition to the number of shares of Common Stock receivable thereupon, the amount of securities of the Corporation that they would have received had their the Series E A Preferred Stock been converted into Common Stock on the date of such event and had they thereafter, during the period from the date of such event to and including the conversion date, retained such securities receivable by them as aforesaid during such period period, giving application to all adjustments called for during such period under this paragraph 3 with respect to the rights of the holders of the Series E A Preferred Stock. Notwithstanding ; provided, that no such adjustment shall be made if, at the foregoingelection of the Corporation, the holders of shares of Series A Preferred Stock simultaneously receive a dividend or other distribution of such securities in an amount equal to the extent the Corporation has a rights plan in effect with respect to the amount of such securities as they would have received if all outstanding shares of Series A Preferred Stock had been converted into Common Stock on any the date upon which Series E Preferred Stock is converted, upon conversion, the holder will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights planevent.

Adjustments for Other Dividends and Distributions. In If the event the Corporation Company at any time or from time to time after the Original Issue Date shall make or issuemakes, or fix fixes a record date for the determination of holders of Common Stock entitled to receive, a dividend or other distribution payable in securities of the Corporation Company other than shares of Common Stock, then and in each such event provision shall be made so that the holders of the Series E A Preferred Stock shall receive upon conversion thereof thereof, in addition to the number of shares of Common Stock receivable thereupon, the amount of other securities of the Corporation that Company which they would have received had their Series E A Preferred Stock been converted into Common Stock on the date of such event and had they thereafter, during the period from the date of such event to and including the conversion date, retained such securities receivable by them as aforesaid during such period giving application period, subject to all other adjustments called for during such period under this paragraph 3 Section 4 with respect to the rights of the holders of the Series E A Preferred Stock. Notwithstanding the foregoing, to the extent the Corporation has a rights plan in effect or with respect to the Common Stock on any date upon which Series E Preferred Stock is convertedsuch other securities by their terms. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, upon conversionMARKED BY BRACKETS, the holder will receiveHAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights planAS AMENDED.

Adjustments for Other Dividends and Distributions. (i) In the event the Corporation at any time or from time to time after the Original Issue Date for the A Convertible Preferred Stock shall make or issue, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or other distribution payable in securities of the Corporation other than shares of Voting Common Stock, then and in each such event provision shall be made so that the holders of Series E the A Convertible Preferred Stock shall receive upon conversion thereof in addition to the number of shares of Voting Common Stock receivable thereupon, the amount of securities of the Corporation that they would have received had their Series E the A Convertible Preferred Stock been converted into Voting Common Stock on the date of such event and had they thereafter, during the period from the date of such event to and including the conversion date, retained such securities receivable by them as aforesaid during such period period, giving application to all adjustments called for during such period under this paragraph 3 with respect to the rights of the holders of the Series E A Convertible Preferred Stock. Notwithstanding ; and provided further, however, that no such adjustment shall be made if the foregoing, holders of A Convertible Preferred Stock simultaneously receive a dividend or other distribution of such securities in an amount equal to the extent the Corporation has a rights plan in effect with respect to the amount of such securities as they would have received if all outstanding shares of A Convertible Preferred Stock had been converted into Voting Common Stock on any the date upon which Series E Preferred Stock is converted, upon conversion, the holder will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights planevent.

Adjustments for Other Dividends and Distributions. In If the event the Corporation Company at any time or from time to time after the Original Issue Date shall make or issuemakes, or fix fixes a record date for the determination of holders of Common Stock entitled to receive, a dividend or other distribution payable in securities of other persons, evidences of indebtedness issued by the Corporation Company or other persons, assets (including such dividends) or securities of the Company other than shares of Common StockStock Equivalents, then and in each such event provision shall be made so that the holders of the Series E A Preferred Stock shall receive upon conversion thereof thereof, in addition to the number of shares of Common Stock receivable thereupon, the amount of securities of the Corporation that securities, indebtedness or assets which they would have received had their Series E A Preferred Stock been converted into Common Stock stock on the date of such event and had they thereafter, during the period from the date of such event to and including the conversion date, retained such securities receivable by them as aforesaid during such period giving application period, subject to all other adjustments called for during such period under this paragraph 3 SECTION D with respect to the rights of the holders of the Series E A Preferred Stock. Notwithstanding the foregoing, to the extent the Corporation has a rights plan in effect or with respect to the Common Stock on any date upon which Series E Preferred Stock is converted, upon conversion, the holder will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights planother securities by their terms.

Adjustments for Other Dividends and Distributions. In Notwithstanding anything to the contrary stated herein, in the event the Corporation at any time or from time to time after the Original Issue Initial Issuance Date shall make or issue, or fix a record date for the determination of holders of Class A Common Stock entitled to receive, a cash dividend or other distribution payable in securities of the Corporation (other than a distribution of shares of Class A Common Stock in respect of outstanding shares of Class A Common Stock) or in other property, then and in each such event (x) the Corporation shall provide prompt notice to the holders of Series A Preferred and (y)(i) provision shall be made so that the holders of the Series E A Preferred Stock shall receive upon conversion thereof thereof, in addition to the number of shares of Class A Common Stock receivable thereupon, the kind and amount of securities of the Corporation that or other property which they would have received been entitled to receive had their the Series E A Preferred Stock been converted into Class A Common Stock on the date of such event and had they thereafter, during the period from the date of such event to and including the conversion date, retained such securities receivable by them as aforesaid during such period period, giving application to all adjustments called for during such period under this paragraph 3 Section 8(e) with respect to the rights of the holders of the Series E A Preferred Stock. Notwithstanding or (ii) at the foregoingelection of each holder of Series A Preferred, the Corporation shall deliver, simultaneously with the distribution to the extent the Corporation has holders of Class A Common Stock, a rights plan cash dividend or distribution of such securities or other property in effect with respect an amount equal to the amount of such securities or other property such holder of Series A Preferred would have received if all of such holder’s outstanding Series A Preferred had been converted into Class A Common Stock on any the date upon which Series E Preferred Stock is converted, upon conversion, the holder will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to such date, the rights have separated from the shares of Common Stock in accordance with the provisions of such rights planevent.