Common use of Recapitalizations Clause in Contracts

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 4 or in Section 2 of Article III(B)) provision shall be made so that the holders of Class A Common Stock shall thereafter be entitled to receive upon conversion of such Class A Common Stock the number of shares of stock or other securities or property of the Corporation or otherwise, to which a holder of Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of the holders of Class A Common Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of such Class A Common Stock) shall be applicable after that event and be as nearly equivalent as practicable.

Appears in 1 contract

Samples: Master Agreement (Fallbrook Technologies Inc)

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Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 4 or in Section 2 of Article III(B)2) provision shall be made so that the holders of Class the Series A Common and Series B Preferred Stock shall thereafter be entitled to receive upon conversion of such Class A Common Preferred Stock the number of shares of stock or other securities or property of the Corporation or otherwise, to which a holder of Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of the holders of Class A Common such Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of such Class A Common Preferred Stock) shall be applicable after that event and be as nearly equivalent as practicable.

Appears in 1 contract

Samples: Voting Agreement (WhiteSmoke, Inc.)

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 4 or in Section 2 of Article III(B)2) provision shall be made so that the holders of Class the Series A Common Preferred Stock and the Series B Preferred Stock shall thereafter be entitled to receive upon conversion of such Class A Common Preferred Stock the number of shares of stock or other securities or property of the Corporation or otherwise, to which a holder of Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of the holders of Class A Common such Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of such Class A Common Preferred Stock) shall be applicable after that event and be as nearly equivalent as practicable.

Appears in 1 contract

Samples: Warrant Agreement (Opentable Inc)

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock Ordinary Shares (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 4 Article or in Section 2 of Article III(B5.4)) , provision shall be made so that the holders of Class A Common Stock the Preferred Shares shall thereafter be entitled to receive upon conversion of such Class A Common Stock the Preferred Shares the number of shares of stock Ordinary Shares or other securities or property of the Corporation Company or otherwise, to which a holder of Common Stock Ordinary Shares deliverable upon conversion would have been entitled on immediately prior to such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 Article with respect to the rights of the holders of Class A Common Stock the Preferred Shares after the recapitalization to the end that the provisions of this Section 4 Article (including adjustment of the Conversion Price then in effect and the number of shares purchasable issuable upon conversion of such Class A Common Stockthe Preferred Shares) shall be applicable after that event and be as nearly equivalent as may be practicable.

Appears in 1 contract

Samples: Preferred Share Purchase Agreement (Medscape Inc)

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 4 or in Section 2 of Article III(B)4) provision shall be made so that the holders of Class the Series A Common Preferred Stock shall thereafter be entitled to receive upon conversion of such Class the Series A Common Preferred Stock the number of shares of stock or other securities or property of the Corporation Company or otherwise, to which a holder of Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of the holders of Class the Series A Common Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of such Class the Series A Common Preferred Stock) shall be applicable after that event and be as nearly equivalent as may be practicable.

Appears in 1 contract

Samples: Stock Purchase Agreement (Corsair Communications Inc)

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Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 4 3 or in Section 2 of Article III(B)2) provision shall be made so that the holders of Class A Common the Series D Preferred Stock shall thereafter be entitled to receive upon conversion of such Class A Common the Series D Preferred Stock the number of shares of stock or other securities or property of the Corporation this corporation or otherwise, to which a holder of Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 3 with respect to the rights of the holders of Class A Common the Series D Preferred Stock after the recapitalization to the end that the provisions of this Section 4 3 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of such Class A Common the Series D Preferred Stock) shall be applicable after that event and be as nearly equivalent equivalently as may be practicable.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Valeritas Inc)

Recapitalizations. If at any time or from time to time ----------------- there shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 4 or in Section 2 of Article III(B)4) provision shall be made so that the holders of Class the Series A Common Preferred Stock shall thereafter be entitled to receive upon conversion of such Class the Series A Common Preferred Stock the number of shares of stock or other securities or property of the Corporation Company or otherwise, to which a holder of Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of the holders of Class the Series A Common Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the applicable Conversion Price then in effect and the number of shares purchasable upon conversion of such Class the Series A Common Preferred Stock) shall be applicable after that event and be as nearly equivalent as may be practicable.

Appears in 1 contract

Samples: Stock Purchase Agreement (Intellisys Group Inc)

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 4 or in Section 2 of Article III(B)2) provision shall be made so that the holders of Class the Series A Common Preferred Stock shall thereafter be entitled to receive upon conversion of such Class the Series A Common Preferred Stock the number of shares of stock or other securities or property of the Corporation or otherwise, to which a holder of Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of the holders of Class the Series A Common Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of such Class the Series A Common Preferred Stock) shall be applicable after that event and be as nearly equivalent as may be practicable.

Appears in 1 contract

Samples: Sale Agreement (Lets Talk Cellular & Wireless Inc)

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