Adjustments for Other Dividends and Distributions. In the event the Corporation at any time or from time to time after the Effective 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 a distribution of shares of Common Stock in respect of outstanding shares of Common Stock) or in other property and the provisions of [Section 5.5] do not apply to such dividend or distribution, then and in each such event provision shall be made so that the Holders of the Series C Preferred Stock shall receive upon conversion thereof, in addition to the number of shares of Common Stock receivable thereupon, the kind and amount of securities of the Corporation, cash or other property which they would have been entitled to receive had the Series C 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 to all adjustments called for during such period under this paragraph with respect to the rights of the Holders of the Series C Preferred Stock; provided, however, that no such provision shall be made if the holders of Series C Preferred Stock receive, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as they would have received if all outstanding shares of Series C Preferred Stock had been converted into Common Stock on the date of such event.
Adjustments for Other Dividends and Distributions. In the event the Corporation at any time or from time to time after the Effective 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 a distribution of shares of Common Stock in respect of outstanding shares of Common Stock) or in other property and the provisions of [Section 5.5] do not apply to such dividend or distribution, then and in each such event provision shall be made so that the Holders of the Series CD Preferred Stock shall receive upon conversion thereof, in addition to the number of shares of Common Stock receivable thereupon, the kind and amount of securities of the Corporation, cash or other property which they would have been entitled to receive had the Series CD 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 to all adjustments called for during such period under this paragraph with respect to the rights of the Holders of the Series CD Preferred Stock; provided, however, that no such provision shall be made if the holders of Series CD Preferred Stock receive, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as they would have received if all outstanding shares of Series CD Preferred Stock had been converted into Common Stock on the date of such event.
Adjustments for Other Dividends and Distributions. In the event the Corporation at any time or from time to time after the Effective 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 a distribution of shares of Common Stock in respect of outstanding shares of Common Stock) or in other property and the provisions of [Section 5.5] do not apply to such dividend or distribution, then and in each such event provision shall be made so that the Holders of the Series CE Preferred Stock shall receive upon conversion thereof, in addition to the number of shares of Common Stock receivable thereupon, the kind and amount of securities of the Corporation, cash or other property which they would have been entitled to receive had the Series CE 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 to all adjustments called for during such period under this paragraph with respect to the rights of the Holders of the Series CE Preferred Stock; provided, however, that no such provision shall be made if the holders of Series CE Preferred Stock receive, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as they would have received if all outstanding shares of Series CE Preferred Stock had been converted into Common Stock on the date of such event.
Dividends. In the event the Corporation at any timedeclares a dividend payable in cash or from timestock to time after the Effective 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 securitiesany class of stock, the Corporation (other than a distributionHolder of shareseach share of Common Stock in respect of outstanding shares of Common Stock) or in other property and the provisions of [Section 5.5] do not apply to such dividend or distribution, then and in each such event provision shall be made so that the Holders of the Series C Preferred Stock shall be entitled to receive upon conversion thereof,a dividend equal in additionamount and kind to that payable to the holder of the number of shares of the Corporation’s Common Stock receivable thereupon, the kind and amount of securities of the Corporation, cash or other propertyinto which they would have been entitled to receive had thethat Holder’s Series C Preferred Stock beencould be converted into Common Stock on the record 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 to all adjustments called for during such period under this paragraph with respect to the rights of the Holders of the Series C Preferred Stock; provided, however, that no such provision shall be made if the holders of Series C Preferred Stock receive, simultaneously with the distribution towithout taking into account the holders of Common Stock, a dividend or other distribution of such securities, cash or other propertyrestriction on conversion set forth in an amount equal to the amount of such securities, cash or other property as they would have received if all outstanding shares of Series C Preferred Stock had been converted into Common Stock on the date of such event.[Section 5.3.7] hereof.
Adjustment for Other Dividends and Distributions. In the eventMerger or Reorganization, etc. If there shall occur any reorganization, recapitalization, reclassification, consolidation or merger involving the Corporation at any time or from time to time after the Effective Date shall make or issue, or fix a record date for the determination of holders ofin which Common Stock entitled to receive, a dividend(but not the Series C Preferred Stock) is converted into or exchanged for securities, cash or other distribution payable in securities of the Corporationproperty (other than a distributiontransaction covered by [[Subsections 5.5 or 5.6]6]]6]), then, following any such reorganization, recapitalization, reclassification, consolidation or merger, each share of shares of Common Stock in respect of outstanding shares of Common Stock) or in other property and the provisions of [Section 5.5] do not apply to such dividend or distribution, then and in each such event provision shall be made so that the Holders of the Series C Preferred Stock shall receive upon conversion thereof,thereafter be convertible, in additionlieu of Common Stock into which it was convertible prior to such event, into the kind and amount of securities, cash or other property which a holder of the number of shares of Common Stock receivable thereupon, the kind and amount of securities of the Corporation, cashCorporation issuable upon conversion of one share of Series C Preferred Stock immediately prior to such reorganization, recapitalization, reclassification, consolidation or other property which theymerger would have been entitled to receive hadpursuant to such transaction; and, in such case, appropriate adjustment (as determined in good faith by the Series C Preferred Stock been converted into Common Stock onBoard of Directors of the dateCorporation) shall be made in the application 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 to all adjustments called for during such period underprovisions in this paragraph[Section 5.7] with respect to the rights and interests thereafter of the Holders of the Series C Preferred Stock; provided, however,Stock, to the end that no such provisionthe provisions set forth in this [Section 5.7] (including provisions with respect to changes in and other adjustments of the Series C Conversion Price) shall thereafter be made ifapplicable, as nearly as reasonably may be, in relation to any securities or other property thereafter deliverable upon the holdersconversion of the Series C Preferred Stock receive, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as they would have received if all outstanding shares of Series C Preferred Stock had been converted into Common Stock on the date of such event.Stock.
Notwithstanding the event the Corporation at any time or from time to time after the Effective Date shall make or issue, or fix aforegoing, # if such record date forshall have been fixed and such dividend is not fully paid or if such distribution is not fully made on the determinationdate fixed therefor, the Series C Conversion Price shall be recomputed accordingly as of holdersthe close of Commonbusiness on such record date and thereafter the Series C Conversion Price shall be adjusted pursuant to this subsection as of the time of actual payment of such dividends or distributions; and # no such adjustment shall be made if the Holders of Series C Preferred Stock entitled to receive,simultaneously receive a dividend or other distribution payable in securities of the Corporation (other than a distribution of shares of Common Stock in respect of outstanding shares of Common Stock) or in other property and the provisions of [Section 5.5] do not apply to such dividend or distribution, then and in each such event provision shall be made so that the Holders of the Series C Preferred Stock shall receive upon conversion thereof, in additiona number equal to the number of shares of Common Stock receivable thereupon, the kind and amount of securities of the Corporation, cash or other property which they would have been entitled to receive had the Series C 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 to all adjustments called for during such period under this paragraph with respect to the rights of the Holders of the Series C Preferred Stock; provided, however, that no such provision shall be made if the holders of Series C Preferred Stock receive, simultaneously with the distribution to the holders of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as they would have received if all outstanding shares of Series C Preferred Stock had been converted into Common Stock on the date of such event.
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