Common use of Other Distributions Clause in Contracts

Other Distributions. In the event this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii), then, in each such case for the purpose of this subsection 4(d), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation entitled to receive such distribution.

Other Distributions. In the event this corporation the Corporation at any time after the Series D Original Issue Date shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation Corporation or other persons, assets (excluding cash dividends) or options Options or rights Rights not referred to in subsection 4(c)(iiiSection 3(d)(i), then, in each such case for the purpose of this subsection 4(dSection 3(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation Corporation entitled to receive such distribution.

Other Distributions. In the event this corporation Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii4(d)(i)(A), then, in each such case for the purpose of this subsection 4(d), the holders of the Series A each series of Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation this Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation this Corporation entitled to receive such distribution.

Other Distributions. In the event this corporation Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii6(e)(iii), then, in each such case for the purpose of this subsection 4(d6(f), the holders of the Series A D Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation this Corporation into which their shares of Series A D Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation this Corporation entitled to receive such distributiondistribution without regard to any limitations on the conversion of the Series D Preferred Stock contained in this Certificate of Designation.

Other Distributions. In the event this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii3(c)(iii), then, in each such case for the purpose of this subsection 4(d3(d), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the this corporation into which their shares of Series A such series of Preferred Stock Stock, as the case may be, are convertible as of the record date fixed for the determination of the holders of Common Stock of the this corporation entitled to receive such distribution.

Other Distributions. In the event this corporation the Corporation shall ------------------- declare a --- ------------------- distribution payable in securities of other persons, evidences of indebtedness issued by this corporation the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii)paragraph A(5)(c)(iii) hereof, then, in each such case for the purpose of this subsection 4(dparagraph A(5)(d), the holders of the shares of Series A B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Class B Common Stock of the corporation into which their shares of Series A B Preferred Stock are convertible as of the record date fixed for the determination of the holders of shares of Class B Common Stock of the corporation entitled to receive such distribution.

Other Distributions. In the event this corporation the Corporation shall ------------------- declare a --- ------------------- distribution payable in securities of other persons, evidences of indebtedness issued by this corporation the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii)paragraph A(5)(c)(iii) hereof, then, in each such case for the purpose of this subsection 4(dparagraph A(5)(d), the holders of the shares of Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of shares of Common Stock of the corporation entitled to receive such distribution.

Other Distributions. In the event this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii), then, in each such case for the purpose of this subsection 4(d), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation entitled to receive such distribution.

Other Distributions. In the event this corporation the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iiiSubsection 5(c)(i), then, in each such case for the purpose of this subsection 4(dSubsection 5(d), the holders of the Series A B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation Corporation into which their shares of Series A B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation Corporation entitled to receive such distribution.

Other Distributions. In the event this corporation Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii6(e)(iii), then, in each such case for the purpose of this subsection 4(d6(f), the holders of the Series A B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation this Corporation into which their shares of Series A B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation this Corporation entitled to receive such distributiondistribution without regard to any limitations on the conversion of the Series B Preferred Stock contained in this Certificate of Designation.

Other Distributions. In the event this corporation the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation the Corporation or other persons, assets (excluding cash dividends) ), securities of the Corporation other than Common Stock or options or rights not referred to in subsection 4(c)(iii)Section 4(c) hereof, then, in each such case for the purpose of this subsection Section 4(d), the holders of the shares of Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of shares of Common Stock of the corporation entitled to receive such distribution.

Other Distributions. In the event this corporation the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iiiSection 4(d)(i) or 4(d)(ii), then, in each such case for the purpose of this subsection 4(dSection 4(e), the holders of the Series A and Series B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation Corporation entitled to receive such distribution.

Other Distributions. In the event this corporation shall declare ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii), then, in each such case for the purpose of this subsection 4(d), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation entitled to receive such distribution.

Other Distributions. In the event this corporation Corporation shall ------------------- declare a ------------------- distribution payable in securities of other personsentities, evidences of indebtedness issued by this corporation Corporation or other personsentities, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii5(d)(iii), then, in each such case for the purpose other purposes of this subsection 4(d5(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation Corporation entitled to receive such distribution.

Other Distributions. In the event this corporation the Corporation shall ------------------- declare a ------------------- distribution payable in securities of other persons, evidences of indebtedness issued by this corporation the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii5(d)(iii), then, in each such case for the purpose of this subsection 4(d5(e), the holders of the Series A C Convertible Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation Corporation into which their shares of Series A C Convertible Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation Corporation entitled to receive such distribution.

Other Distributions. In the event this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii3A(d)(iv), then, in each such case for the purpose of this subsection 4(d3A(e), the holders of the Series A D Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the this corporation into which their shares of Series A D Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the this corporation entitled to receive such distribution.

Other Distributions. In the event this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii6(d)(iii), then, in each such case for the purpose of this subsection 4(d6(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation entitled to receive such distribution.

Other Distributions. In the event this corporation Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iiiArticle IV.B.4(d)(iii), then, in each such case for the purpose of this subsection 4(dArticle IV.B.4(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation this Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation this Corporation entitled to receive such distribution.

Other Distributions. In the event this corporation the Corporation shall ------------------- declare a distribution payable in securities of the Corporation (other personsthan shares of Common Stock), evidences securities of other entities, securities evidencing indebtedness issued by this corporation the Corporation or other personsentities, assets (excluding including cash dividends) or options or rights not referred to in subsection 4(c)(iii)rights, then, in each such case for the purpose of this subsection 4(d)Section 6, the holders of the Series A Class B Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation Corporation into which their shares of Series A such Class B Preferred Stock are were convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation Corporation entitled to receive such distribution.

Other Distributions. In the event this corporation the Corporation shall ------------------- declare a distribution to holders of Common Stock payable in securities of other persons, evidences of indebtedness issued by this corporation the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iiiSection 4(c) or 4(d), then, in each such case for the purpose of this subsection 4(dSection 4(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation Corporation entitled to receive such distribution.

Other Distributions. In the event this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii)Section D(4)(h) hereof, then, in each such case for the purpose of this subsection 4(dSection D(5), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the this corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the this corporation entitled to receive such distribution.

Other Distributions. In the event this corporation the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii5(d)(i), then, in each such case for the purpose of this subsection 4(d6(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation Corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation Corporation entitled to receive such distribution.

Other Distributions. In the event this corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii3(d)(i), then, in each such case for the purpose of this subsection 4(d3(e), the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the this corporation into which their shares of Series A Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of the this corporation entitled to receive such distribution.

Other Distributions. In On or prior to the Conversion Termination Date, in the event this corporation the Corporation shall ------------------- declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation the Corporation or other persons, assets (excluding cash dividends) or options or rights not referred to in subsection 4(c)(iii)Section 4, then, in each such case for the purpose of this subsection 4(d)Section 7, the holders of the Series A Preferred Stock shall be entitled to a proportionate share of any such distribution as though they were the holders of the number of shares of Common Stock of the corporation Corporation into which their shares of Series A Preferred Stock are would be convertible as of the record date fixed for the determination of the holders of Common Stock of the corporation Corporation entitled to receive such distribution.