Common use of Adjustment for Certain Dividends and Distributions Clause in Contracts

Adjustment for Certain Dividends and Distributions. If this Corporation at any time or from time to time after the Filing Date pays or fixes a record date for the determination of holders of shares of Common Stock entitled to receive a dividend or other distribution in the form of shares of Common Stock, or rights or options for the purchase of, or securities convertible into, Common Stock, then in each such event the Series C Conversion Price shall be decreased, as of the time of such payment or, in the event a record date is fixed, as of the close of business on such record date, by multiplying the Series C Conversion Price by a fraction (i) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to the time of such payment or the close of business on such record date and (ii) the denominator of which shall be (A) the total number of shares of Common Stock outstanding immediately prior to the time of such payment or the close of business on such record date plus (B) the number of shares of Common Stock issuable in payment of such dividend or distribution or upon exercise of such option or right of conversion; provided, however, that if a record date is fixed and such dividend is not fully paid or such other distribution is not fully made on the date fixed therefor, the Series C Conversion Price shall not be decreased as of the close of business on such record date as hereinabove provided as to the portion not fully paid or distributed and thereafter the Series C Conversion Price shall be decreased pursuant to this Section 4 as of the date or dates of actual payment of such dividend or distribution.

Adjustment for Certain Dividends and Distributions. If this Corporation at any time or from time to time after the Filing Date pays or fixes a record date for the determination of holders of shares of Common Stock entitled to receive a dividend or other distribution in the form of shares of Common Stock, or rights or options for the purchase of, or securities convertible into, Common Stock, then in each such event the Series C A Conversion Price shall be decreased, as of the time of such payment or, in the event a record date is fixed, as of the close of business on such record date, by multiplying the Series C A Conversion Price by a fraction (i) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to the time of such payment or the close of business on such record date date, as the case may be, and (ii) the denominator of which shall be (Aa) the total number of shares of Common Stock outstanding immediately prior to the time of such payment or the close of business on such record date date, as the case may be, plus (Bb) the number of shares of Common Stock issuable in payment of such dividend or distribution or upon exercise of such option or right of conversion; provided, however, that if a record date is fixed and such dividend is not fully paid or such other distribution is not fully made on the date fixed therefor, then the Series C A Conversion Price shall not be decreased as of the close of business on such record date as hereinabove provided as to the portion not fully paid or distributed and thereafter the Series C A Conversion Price shall be decreased pursuant to this Section 4 Article IV.F.4 as of the date or dates of actual payment of such dividend or distribution.

Adjustment for Certain Dividends and Distributions. If this Corporation the Company at any time or from time to time after the Filing Effective Date pays or fixes a record date for the determination of holders of shares of Common Stock entitled to receive a dividend or other distribution in the form of shares of Common Stock, or rights or options for the purchase of, or securities convertible into, Common Stock, then in each such event the Series C Note Conversion Price shall be decreased, as of the time of such payment or, in the event a record date is fixed, as of the close of business on of such record date, by multiplying the Series C Note Conversion Price by a fraction (i) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to the time of such payment or the close of business on such record date date, as the case may be, and (ii) the denominator of which shall be the sum of (A) the total number of shares of Common Stock outstanding immediately prior to the time of such payment or the close of business on such record date date, as the case may be, plus (B) the number of shares of Common Stock issuable in payment of such dividend or distribution or upon exercise of such option or right of conversion; provided, however, that if a record date is fixed and such dividend is not fully paid or such other distribution is not fully made on the date fixed therefor, then the Series C Note Conversion Price shall not be decreased as of the close of business on such record date as hereinabove provided as to the portion not fully paid or distributed and thereafter the Series C Note Conversion Price shall be decreased pursuant to this Section 4 7(d) as of the date or dates of actual payment of such dividend or distribution.

Adjustment for Certain Dividends and Distributions. If this Corporation In the event the corporation at any time or from time to for time after the Filing Date pays filing of these Restated Articles of Incorporation makes, or fixes a record date for the determination of holders of shares of Common Stock entitled to receive receive, a dividend or other distribution payable in the form of additional shares of Common Stockor in options or other convertible securities, or rights or options for without a corresponding dividend with respect to the purchase of, or securities convertible into, Common StockPreferred, then and in each such event the Series C Conversion Price then in effect for each series of Preferred shall be decreased, decreased as of the time of such payment issuance or, in the event such a record date is fixed, as of the close of business on such record date, by multiplying the Series C Conversion Price then in effect by a fraction (i) the numerator of which is the total number of shares of Common issued and outstanding immediately prior to the time of such issuance on the close of business on such record date, and (ii) the denominator of which shall be the total number of shares of Common Stock issued and outstanding immediately prior to the time of such payment or issuance on the close of business on such record date and (ii) the denominator of which shall be (A) the total number of shares of Common Stock outstanding immediately prior to the time of such payment or the close of business on such record date plus (B) PLUS the number of shares of Common Stock issuable in payment of such dividend or distribution or upon exercise of such option or right of conversiondistribution; providedPROVIDED, howeverHOWEVER, that if a such record date is fixed and such dividend is not fully paid or if such other distribution is not fully made on the date fixed therefor, the Series C Conversion Price shall not be decreased recomputed accordingly as of the close of business on such record date as hereinabove provided as to the portion not fully paid or distributed and thereafter the Series C Conversion Price shall be decreased adjusted pursuant to this Section 4 4(e) as of the date or dates time of actual payment of such dividend dividends or distributiondistributions.

Adjustment for Certain Dividends and Distributions. If this Corporation at any time or from time to time after the Filing Date pays or fixes a record date for the determination of holders of shares of Common Stock entitled to receive a dividend or other distribution in the form of shares of Common Stock, or rights or options for the purchase of, or securities convertible into, Common Stock, then in each such event the Series C A Conversion Price and the Series B Conversion Price shall be decreased, as of the time of such payment or, in the event a record date is fixed, as of the close of business on such record date, by multiplying the Series C A Conversion Price and the Series B Conversion Price by a fraction (i) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to the time of such payment or the close of business on such record date and (ii) the denominator of which shall be (A) the total number of shares of Common Stock outstanding immediately prior to the time of such payment or the close of business on such record date plus (B) the number of shares of Common Stock issuable in payment of such dividend or distribution or upon exercise of such option or right of conversion; providedPROVIDED, howeverHOWEVER, that if a record date is fixed and such dividend is not fully paid or such other distribution is not fully made on the date fixed therefor, the Series C A Conversion Price and the Series B Conversion Price shall not be decreased as of the close of business on such record date as hereinabove provided as to the portion not fully paid or distributed and thereafter the Series C A Conversion Price and the Series B Conversion Price shall be decreased pursuant to this Section 4 F.5.b as of the date or dates of actual payment of such dividend or distribution.

Adjustment for Certain Dividends and Distributions. If this In the event the Corporation at any time time, or from time to time after the Filing Date pays Original Issuance Date, shall make or fixes issue, or fix a record date for the determination of holders of shares of Common Stock entitled to receive receive, a dividend or other distribution payable in the form of additional shares of Common Stock, or rights or options for the purchase of, or securities convertible into, Common Stock, then and in each such event the Series C Conversion Price for the Series A Preferred Stock then in effect shall be decreased, decreased as of the time of such payment issuance or, in the event such a record date is shall have been fixed, as of the close of business on such record date, by multiplying the Series C Conversion Price for such Series A Preferred Stock then in effect by a fraction fraction: (iA) the numerator of which shall be the total number of shares of Common Stock issued and outstanding immediately prior to the time of such payment issuance or the close of business on such record date and date, and (iiB) the denominator of which shall be (A) the total number of shares of Common Stock issued and outstanding immediately prior to the time of such payment issuance or the close of business on such record date plus (B) the number of shares of Common Stock issuable in payment of such dividend or distribution or upon exercise of such option or right of conversiondistribution; provided, however, that if a such record date is shall have been fixed and such dividend is not fully paid or if such other distribution is not fully made on the date fixed therefor, the Series C Conversion Price for the Series A Preferred Stock shall not be decreased recomputed accordingly as of the close of business on such record date as hereinabove provided as to and thereafter, the portion not fully paid or distributed and thereafter Conversion Price for the Series C Conversion Price A Preferred Stock shall be decreased adjusted pursuant to this Section 4 paragraph (f)(v) as of the date or dates time of actual payment of such dividend dividends or distributiondistributions.