EFTA00289560Set 9
2012-12-28122p36,197w
Dividends") as adjusted for any stock splits, reverse stock splits, stock dividends and
similar recapitalization events (each a "Recapitalization Event'). Accruing Dividends shall
accrue from day to day, whether ... equal to $0.4375 per share of Series A Preferred
Stock, as adjusted for any Recapitalization Events (the "Original Series A Price") and unpaid
dividends on such shares to the date ... share of the Series A Preferred
Stock (as adjusted for any Recapitalization Event) and all declared but unpaid dividends on such
shares (the "Redemption Price" for such series). The date
https://www.justice.gov/epstein/files/DataSet%209/EFTA00289560.pdf
EFTA00589112Set 9
2016-06-3011p5,087w
subject to anti-dilutive adjustment as provided herein and
adjustments due to a Recapitalization Event (as defined below)), which warrant
will be valid and exercisable for a period ... subject
to anti-dilutive adjustment as provided herein and adjustments due to a
Recapitalization Event), which warrant will be valid and exercisable for a period
of 48 months after ... writing of any Deemed
Liquidation event, at least _ days prior to such event.
A "Recapitalization Event" shall mean any event of share combination or
subdivision, distribution of bonus shares
https://www.justice.gov/epstein/files/DataSet%209/EFTA00589112.pdf
EFTA00599472Set 9
2016-07-0720p8,771w
subject to anti-dilutive adjustment as provided herein and
adjustments due to a Recapitalization Event (as defined below)) (the "First
Warrant"); and, in addition (ii) a second warrant ... subject to anti-dilutive adjustment as provided herein and adjustments due to
a Recapitalization Event) (collectively the "Warrant(s)"). Each such Warrant will
be valid and exercisable for a period ... Deemed Liquidation event, at least 14 days prior to such event.
A "Recapitalization Event" shall mean any event of share combination or
subdivision, distribution of bonus shares or any other
https://www.justice.gov/epstein/files/DataSet%209/EFTA00599472.pdf
EFTA00588982Set 9
2016-06-3010p5,046w
subject to anti-dilutive adjustment as provided herein and
adjustments due to a Recapitalization Event (as defined below)), which warrant
will be valid and exercisable for a period ... subject
to anti-dilutive adjustment as provided herein and adjustments due to a
EFTA00588983
Recapitalization Event), which warrant will be valid and exercisable for a period
of 48 months after ... days prior to such event. [original
langetage-was-reinserted-and-adjusted-as-disehissedi
A "Recapitalization Event" shall mean any event of share combination or
subdivision, distribution of bonus shares
https://www.justice.gov/epstein/files/DataSet%209/EFTA00588982.pdf
EFTA00289929Set 9
2011-04-256p2,047w
shares of Series A Preferred Stock
are outstanding (as adjusted for any Recapitalization Event), the Corporation shall
not, without first obtaining the affirmative vote or written consent of the holders ... shares of Series A Preferred Stock
are outstanding (as adjusted for any Recapitalization Event), the Corporation shall
not, without first obtaining the affirmative vote or written consent of the holders
https://www.justice.gov/epstein/files/DataSet%209/EFTA00289929.pdf
EFTA00298882Set 9
2012-12-2826p9,661w
connection with any stock split, stock dividend, reverse stock split or
similar recapitalization event.
3.5 Termination. The right of first offer contained in this Section 3 shall terminate ... other proceeding, including any and all appeals or petitions
therefrom.
5.11 Adjustments for Recapitalization Events. Wherever in this Agreement there is
a reference to a specific number of shares ... upon the occurrence of any stock split, stock
dividend, reverse stock split or similar recapitalization event affecting such shares, the specific
number of shares or dollar amount so referenced
https://www.justice.gov/epstein/files/DataSet%209/EFTA00298882.pdf
EFTA00298925Set 9
2012-12-2817p3,993w
effectuate fully the intent and purposes of
this Agreement
5.20 Adjustments for Recapitalization Events. Wherever in this Agreement
there is a reference to a specific number of shares of Common ... upon the occurrence of any stock split,
stock dividend, reverse stock split or similar recapitalization event affecting such shares, the
specific number of shares or dollar amount so referenced ... effect on the outstanding shares of such class or series of
stock of such recapitalization event.
5.21 Aggregation of Stock. All Stockholder Shares held or acquired by a
Stockholder
https://www.justice.gov/epstein/files/DataSet%209/EFTA00298925.pdf