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, merger or sale of assets transaction provided for elsewhere in this Section 6), provision shall be made so that the Holders shall thereafter be entitled to receive upon conversion of the Series B Convertible Preferred Stock the number of shares of Capital Stock or other securities or property of the Company to which a holder of Common Stock would have been entitled on recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 6 with respect to the rights of the Holders after the recapitalization to the end that the provisions of this Section 6 (including adjustment of the Conversion Number then in effect and the number of shares issuable upon conversion of the Series B Convertible Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Common Series A Preferred Stock (other than a subdivision, combination, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 64), provision shall be made so that the Holders Holder shall thereafter be entitled to receive upon conversion of the Series B Convertible Preferred Stock Note the number of shares of Capital Stock stock or other securities or property of the Company Company, or otherwise, to which a holder of Common Series A Preferred Stock 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 6 4 with respect to the rights of the Holders Holder after the recapitalization to the end that the provisions of this Section 6 4 (including adjustment of the Conversion Number Price then in effect and the number of shares issuable purchasable upon conversion of the Series B Convertible Preferred StockNotes) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there shall be occurs a recapitalization of the Common Stock (other than a subdivision, combination, or merger or sale of assets transaction provided for elsewhere in this Section 64), provision the Holder shall be made so that the Holders shall thereafter be entitled to receive upon conversion of the Series B Convertible Preferred Stock this Note the number of shares of Capital Stock capital stock or other securities or property of the Company or otherwise, to which a holder of the 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 6 4 with respect to the rights of the Holders Holder after the recapitalization to the end that the provisions of this Section 6 4 (including adjustment of the Conversion Number Price then in effect and the number of shares issuable purchasable upon conversion of the Series B Convertible Preferred Stockthis Note) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Common Stock (other than a subdivision, combination, combination or merger or sale of assets transaction provided for elsewhere in this Section 6), 4) provision shall be made so that the Holders holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Series B Convertible A Preferred Stock the number of shares of Capital Stock stock or other securities or property of the 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 6 4 with respect to the rights of the Holders holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 6 4 (including adjustment of the applicable Conversion Number Price then in effect and the number of shares issuable purchasable upon conversion of the Series B Convertible A Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination, combination or merger or sale of assets transaction provided for elsewhere in this Section 6), 5 or Section 3.3) provision shall be made so that the Holders holders of the Series D Preferred shall thereafter be entitled to receive upon conversion of the Series B Convertible D Preferred Stock the number of shares of Capital Stock stock or other securities or property of the Company property, 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 6 5 with respect to the rights of the Holders holders of the Series D Preferred after the recapitalization to the end so that the provisions of this Section 6 5 (including adjustment of the Conversion Number then in effect and the number of shares issuable upon conversion of the Series B Convertible Preferred Stockwithout limitation Section 5.4) shall be applicable after that event on a basis as nearly equivalent to its application prior to such recapitalization as may be practicable.

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination, combination or merger or sale of assets transaction provided for elsewhere in this Section 6), 5) provision shall be made so that the Holders holders of the Series A Stock shall thereafter be entitled to receive upon conversion of the Series B Convertible Preferred A Stock the number of shares of Capital Stock stock or other securities or property of the Company 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 6 5 with respect to the rights of the Holders holders of the Series A Stock after the recapitalization to the end that the provisions of this Section 6 5 (including adjustment of the Conversion Number Price then in effect and the number of shares issuable purchasable upon conversion of the Series B Convertible Preferred A Stock) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination, combination or merger or sale of assets transaction provided for elsewhere in this Section 6), herein) provision shall be made so that the Holders Holder shall thereafter be entitled to receive upon conversion exercise of the Series B Convertible Preferred Stock this Warrant the number of shares of Capital Stock stock or other securities or property of the Company or otherwise, to which a holder of Common Stock deliverable upon such exercise 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 6 4 with respect to the rights of the Holders Holder after the recapitalization to the end that the provisions of this Section 6 4 (including adjustment of the Conversion Number Warrant Price then in effect and the number of shares issuable upon conversion of the Series B Convertible Preferred Stockfor which this Warrant can be exercised) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination, combination or merger or sale of assets transaction provided for elsewhere in this Section 6), 5) provision shall be made so that the Holders holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Series B Convertible A Preferred Stock the number of shares of Capital Stock stock or other securities or property of the Company 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 6 5 with respect to the rights of the Holders holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 6 5 (including adjustment of the Conversion Number Price then in effect and the number of shares issuable purchasable upon conversion of the Series B Convertible A Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination, merger or sale of assets transaction provided for elsewhere in this Section 6(C)4 ), provision shall be made so that the Holders holders of Preferred Stock shall thereafter be entitled to receive upon conversion of the Series B Convertible Preferred Stock the number of shares of Capital Stock stock or other securities or property of the Company Corporation to which a holder of Common Stock would have been entitled on recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 6 (C)4 with respect to the rights of the Holders holders of the Preferred Stock after the recapitalization to the end that the provisions of this Section 6 (C)4 (including adjustment of the Conversion Number Price then in effect and the number of shares issuable upon conversion of the Series B Convertible Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination, combination or merger or sale of assets transaction provided for elsewhere in this Section 6), 5) provision shall be made so that the Holders holders of the Series B Preferred Stock shall thereafter be entitled to receive upon conversion of the Series B Convertible Preferred Stock the number of shares of Capital Stock stock or other securities or property of the Company 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 6 5 with respect to the rights of the Holders holders of the Series B Preferred Stock after the recapitalization to the end that the provisions of this Section 6 5 (including adjustment of the Conversion Number Price then in effect and the number of shares issuable purchasable upon conversion of the Series B Convertible Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination, combination or merger or sale of assets transaction provided for elsewhere in this Section 6), 4 or in Section 2) provision shall be made so that the Holders holders of the Preferred Stock shall thereafter be entitled to receive upon conversion of the Series B Convertible Preferred Stock the number of shares of Capital Stock stock or other securities or property of the Company 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 6 4 with respect to the rights of the Holders holders of the Preferred Stock after the recapitalization to the end that the provisions of this Section 6 4 (including adjustment of the Conversion Number Prices then in effect and the number of shares issuable purchasable upon conversion of the Series B Convertible Preferred Stock) shall be applicable after that event as nearly equivalent equivalently as may be practicable.

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination, combination or merger or sale of assets transaction provided for elsewhere in this Section 6), 4 or in Section 2) provision shall be made so that the Holders holders of the Series A Preferred shall thereafter be entitled to receive upon conversion of the Series B Convertible A Preferred Stock the number of shares of Capital Stock stock or other securities or property of the 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 6 4 with respect to the rights of the Holders holders of the Series A Preferred after the recapitalization to the end that the provisions of this Section 6 4 (including adjustment of the applicable Conversion Number Price then in effect and the number of shares issuable purchasable upon conversion of the Series B Convertible Preferred StockA Preferred) shall be applicable after that event as nearly equivalent equivalently as may be practicable.

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination, combination or merger or sale of assets transaction provided for elsewhere in this Section 6), 4 or in Section 2) provision shall be made so that the Holders holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Series B Convertible such Preferred Stock the number of shares of Capital Stock stock or other securities or property of the Company 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 6 4 with respect to the rights of the Holders holders of such Preferred Stock after the recapitalization to the end that the provisions of this Section 6 4 (including adjustment of the Conversion Number Price then in effect and the number of shares issuable purchasable upon conversion of the Series B Convertible such Preferred Stock) shall be applicable after that event and be as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Common Stock (other than a subdivision, combination, combination or merger or sale of assets transaction provided for elsewhere in this Section 6), 5) provision shall be made so that the Holders holders of the Series C Preferred Stock shall thereafter be entitled to receive upon conversion of the Series B Convertible C Preferred Stock the number of shares of Capital Stock stock or other securities or property of the Company 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 6 5 with respect to the rights of the Holders holders of the Series C Preferred Stock after the recapitalization to the end that the provisions of this Section 6 5 (including adjustment of the Conversion Number Price then in effect and the number of shares issuable purchasable upon conversion of the Series B Convertible C Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.