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This excerpt taken from the APKT 8-K filed Jul 8, 2009. Dividends — The holders of Series A, Series B, Series C,
and Series D are entitled to receive dividends when and if declared by the
Board of Directors. At any time that a dividend is declared or paid on the
common stock, there will simultaneously be declared and paid dividends to the
holders of the Series A, Series B, Series C, and Series D
in an amount which such holders would have received had all shares of Series A,
Series B, Series C, and Series D been converted (on the date for
determination of stockholders entitled to such dividend) to common stock at the
conversion price then in effect. Through December 31, 2008, no dividends
have been declared.
This excerpt taken from the APKT 8-K filed Dec 11, 2007. 5.6. Dividends.
1. Power to Declare. Dividends upon the capital stock of the Company, subject to the provisions of the Company’s Certificate of Incorporation, if any, may be declared by the Board of Directors at any regular or special meeting, pursuant to law. Dividends may be paid in cash, in property, or in shares of the capital stock, subject to the provisions of the Company’s Certificate of Incorporation and the laws of Delaware.
2. Reserves. Before payment of any dividend, there may be set aside out of any funds of the Company available for dividends such sum or sums as the directors from time to time, in their absolute discretion, think proper as a reserve or reserves to meet contingencies, or for equalizing dividends, or for repairing or maintaining any property of the Company, or for such other purpose as the directors shall think conducive to the interest of the Company, and the directors may modify or abolish any such reserve in the manner in which it was created.
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