Common use of PAYMENTS IN RESPECT OF DIVIDENDS AND DISTRIBUTIONS Clause in Contracts

PAYMENTS IN RESPECT OF DIVIDENDS AND DISTRIBUTIONS. If, at any time prior to the Expiration Date, the Company pays any dividend or makes any distribution (whether in cash, property or securities of the Company) on its capital stock which does not result in an adjustment under Article V (other than the PW Poly Spinoff), then the Company shall simultaneously pay to the Holder of each Warrant the dividend or distribution which would have been paid to such Holder on the Warrant Shares receivable upon the exercise in full of such Warrant had such Warrant been fully exercised immediately prior to the record date for such dividend or distribution or, if no record is taken, the date as of which the record holders of Warrant Shares entitled to such dividend or distribution are to be determined.

PAYMENTS IN RESPECT OF DIVIDENDS AND DISTRIBUTIONS. If, at any time prior to the Expiration DateTime, the Company pays any dividend or makes any distribution (whether in cash, property or securities of the Company) on its capital stock Common Stock which does not result in an adjustment under Article V (other than the PW Poly Spinoff)V, then the Company shall simultaneously pay to the Holder of each Warrant Warrant, the dividend cash, property or distribution which securities that would have been paid or delivered to such Holder on the Warrant Shares receivable upon the exercise in full of such Warrant had such Warrant been fully exercised immediately prior to the record date for such dividend or distribution or, if no record is taken, the date as of which the record holders of Warrant Shares entitled to such dividend or distribution are to be determined.