Common use of Adjustment Based Upon Merger or Consolidation Clause in Contracts

Adjustment Based Upon Merger or Consolidation. In case of any consolidation or merger to which the Company is a party (other than a merger in which the Company is the surviving entity and which does not result in any reclassification of or change in the outstanding Common Stock of the Company), or in case of any sale or conveyance to another person, firm, or corporation of the property of the Company as an entirety or substantially as an entirety, the Holder shall have the right to convert this Note into the kind and amount of securities and property (including cash) receivable upon such consolidation, merger, sale or conveyance by the Holder of the number of shares of Common Stock into which such Note might have been converted immediately prior thereto.

Adjustment Based Upon Merger or Consolidation. In case of any consolidation or merger to which the Company is a party (other than a merger in which the Company is the surviving entity and which that does not result in any reclassification of or change in the outstanding Common Stock of the Company), or in case of any sale or conveyance to another person, firm, or corporation person of the property of the Company as an entirety or substantially as an entirety, the Holder shall have the right to convert this Note into the kind and amount of securities and property (including cash) receivable upon such consolidation, merger, sale or conveyance by the Holder a holder of the number of shares of Common Stock into which such Note might would have been converted convertible immediately prior thereto.

Adjustment Based Upon Merger or Consolidation. In case of any consolidation or merger to which the Company Borrower is a party (other than a merger in which the Company Borrower is the entity surviving entity such merger and which does not result in any reclassification of or change in the outstanding Common Stock of the CompanyBorrower), or in case of any sale or conveyance to another person, firm, or corporation of the property of the Company Borrower as an entirety or substantially as an entirety, the Holder Lenders shall have the right to convert this Note into the kind and amount of securities and property (including cash) receivable upon such consolidation, merger, sale or conveyance by the Holder a holder of the number of shares of Common Stock into which such Note might have been converted immediately prior thereto.

Adjustment Based Upon Merger or Consolidation. In case of any consolidation or merger to which the Company is a party (other than a merger in which the Company is the surviving entity and which does not result in any reclassification -4- 21 of or change in the outstanding Common Stock of the Company), ) or in case of any sale or conveyance to another person, firm, or corporation of the property of the Company as an entirety or substantially as an entirety, the Holder shall will have the continuing right to convert this Note Debenture into the kind and amount of securities and property (including cash) receivable upon such consolidation, merger, sale sale, or conveyance by the Holder a holder of the number of shares of Common Stock into which such Note this Debenture might have been converted immediately prior theretobefore the consolidation, merger, sale, or conveyance.

Adjustment Based Upon Merger or Consolidation. In case of any consolidation or merger to which the Company is a party (other than a merger in which the Company is the surviving entity and which does not result in any reclassification of or change in the outstanding Common Stock of the Company), or in case of any sale or conveyance to another person, firm, or corporation of the property of the Company as an entirety or substantially as an entirety, the Holder shall have the right to convert this Note into the kind and amount of securities and property (including cash) receivable upon such consolidation, merger, sale or conveyance by the Holder of the number of shares of Common Stock Units into which such Note might have been converted immediately prior thereto.

Adjustment Based Upon Merger or Consolidation. In case of any consolidation or merger to which the Company is a party (other than a merger in which the Company is the surviving entity and which does not result in any reclassification of or change in the outstanding Common Stock of the Company), or in case of any sale or conveyance to another person, firm, or corporation of the property of the Company as an entirety or substantially as an entirety, the Holder shall have the right to convert this Note into the kind and amount of securities and property (including cash) receivable upon such consolidation, merger, sale or conveyance by the Holder of the number of shares of Common Stock into which such Note might have been converted immediately prior thereto.

Adjustment Based Upon Merger or Consolidation. In case of any consolidation or merger to which the Company is a party (other than a merger in which the Company is the surviving entity and which does not result in any reclassification of or change in the outstanding Common Stock of the Company), or in case of any sale or conveyance to another person, firm, or corporation of the property of the Company as an entirety or substantially as an entirety, the Holder shall have the right to convert this Note into the kind and amount of securities and property (including cash) receivable upon such consolidation, merger, sale or conveyance by the Holder a holder of the number of shares of Common Stock into which such Note might have been converted immediately prior thereto.

Adjustment Based Upon Merger or Consolidation. In case of any consolidation or merger to which the Company is a party (other than a merger in which the Company is the surviving entity and which does not result in any reclassification of or change in the outstanding Common Stock of the Company), or in case of any sale or conveyance to another person, firm, or corporation of the property of the Company as an entirety or substantially as an entirety, the Holder Warrantholder shall have the right right, upon exercise of this Warrant, to convert this Note into receive the kind and amount of securities and property (including cash) receivable upon such consolidation, merger, sale or conveyance by the Holder a holder of the number of shares of Common Stock or other securities into which such Note Warrant might have been converted immediately prior theretoto the consolidation, merger, sale, or conveyance.