Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor: 3.2.1 Common Stock or any shares of stock or other securities that are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution; 3.2.2 Any cash paid or payable otherwise than as a cash dividend out of current earnings; or 3.2.3 Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); then in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 and 3.2.3 above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 2 contracts
Sources: Spectrum Acquisition Consulting Agreement (Clearwire Corp), Advisory Services Agreement (Clearwire Corp)
Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or shares of any shares other class of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 (a) Common Stock or shares of any shares other class of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;,
3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or
3.2.3 (c) Common Stock or additional shares of any other class of stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as pursuant to a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); then , then, and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 2 contracts
Sources: Warrant Agreement (Entrust Inc), Warrant Agreement (Entrust Inc)
Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:
3.2.1 Common Stock or any shares of stock or other securities that are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;
3.2.2 Any cash paid or payable otherwise than as a cash dividend out of current earnings; or
3.2.3 Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); then in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 and 3.2.3 above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 2 contracts
Sources: Long Term De Facto Transfer Lease Agreement (Clearwire Corp), Long Term De Facto Transfer Lease Agreement (Clearwire Corp)
Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;,
3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or
3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 2 contracts
Sources: Warrant Agreement (Handheld Entertainment, Inc.), Warrant Agreement (Handheld Entertainment, Inc.)
Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 (A) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;,
3.2.2 Any (B) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or
3.2.3 (C) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (B) and 3.2.3 (C) above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 1 contract
Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time anytime or from time to time the Holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:
3.2.1 Common Stock or any shares of stock or other securities that are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;
3.2.2 Any cash paid or payable otherwise than as a cash dividend out of current earnings; or
3.2.3 Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); then in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 and 3.2.3 above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 1 contract
Sources: Purchase Agreement (Clearwire Corp)
Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;,
3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or
3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (b) and 3.2.3 (c) above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 1 contract
Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 (A) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;,
3.2.2 Any (B) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or
3.2.3 (C) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below6.1 above); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 1 contract
Sources: Limited Partnership Agreement (Inhale Therapeutic Systems Inc)
Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;,
3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or
3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock Warrant Shares receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (a) and 3.2.3 (b) above) which such Holder would hold on the date of such exercise had he or it such Holder been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 1 contract
Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;,
3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or
3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 1 contract
Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;,
3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or
3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 clause (b) above and 3.2.3 abovethis clause (c)) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 1 contract
Sources: Common Stock and Warrant Purchase Agreement (Internap Network Services Corp/Wa)
Dividends in Common Stock. OTHER STOCKOther Stock, PROPERTYProperty, RECLASSIFICATIONReclassification. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 (i) Common Stock or any shares of stock or other securities that are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;distribution (other than shares of Common Stock issued as a stock dividend, stock split or subdivision, adjustments in respect of which shall be covered by the terms of Section 3(a) above),
3.2.2 Any (ii) any cash paid or payable otherwise than as a cash dividend out (other than a liquidation or dissolution, which shall be covered by the terms of current earnings; Section 3(d) below), or
3.2.3 (iii) additional shares of Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, reorganization, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock splitdividend, stock split or subdivision, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii3(a) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); then , then, and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereuponupon such exercise, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (ii) and 3.2.3 (iii) above) which such Holder would hold on the date of such exercise had he or it such Holder been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 1 contract
Sources: Securities Purchase Agreement (Digital Lifestyles Group Inc)
Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 (A) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;,
3.2.2 Any (B) any cash paid or payable otherwise than as a cash dividend out of current earnings; ordividend, or EXHIBIT 99.3 (CONTINUED)
3.2.3 (C) Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (B) and 3.2.3 (C) above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 1 contract
Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 (a) Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;,
3.2.2 Any (b) any cash paid or payable otherwise than as a cash dividend out of current earnings; dividend, or
3.2.3 (c) Common Stock or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-up, reclassification, combination of shares or similar corporate rearrangement rearrangement, (other than (i) shares of Common Stock issued as a stock split, split or adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 belowabove); , then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 (b) and 3.2.3 (c) above) which such Holder would hold on the date of such exercise had he or it been the holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 1 contract
Dividends in Common Stock. OTHER STOCK, PROPERTY, RECLASSIFICATION. If at any time or from time to time the Holders of Common Stock (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received or become entitled to receive, without payment therefor:,
3.2.1 Common Stock or any shares of stock or other securities that which are at any time directly or indirectly convertible into or exchangeable for Common Stock, or any rights or options to subscribe for, purchase or otherwise acquire any of the foregoing by way of dividend or other distribution;
3.2.2 Any cash paid or payable otherwise than as a cash dividend out of current earningsdividend; or
3.2.3 Common Stock or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, combination of shares or similar corporate rearrangement (other than (i) shares of Common Stock issued as a stock split, adjustments in respect of which shall be covered by the terms of Section 3.1 above or (ii) an event for which adjustment is otherwise made pursuant to Section 3.3 below); then and in each such case, the Holder hereof shall, upon the exercise of this Warrant, be entitled to receive, in addition to the number of shares of Common Stock receivable thereupon, and without payment of any additional consideration therefor, the amount of stock and other securities and property (including cash in the cases referred to in clauses 3.2.2 and 3.2.3 above) which such Holder would hold on the date of such exercise had he or it been the holder Holder of record of such Common Stock as of the date on which holders of Common Stock received or became entitled to receive such shares or all other additional stock and other securities and property.
Appears in 1 contract
Sources: Note and Warrant Purchase Agreement (Tunes Com Inc)