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

Adjustment Based Upon Merger or Consolidation. If at any time or from time to time there shall be a merger or consolidation of Borrower with or into another entity (other than a merger or reorganization involving only a change in the state of incorporation of the Borrower), or the sale of all or substantially all of Borrower's capital stock or assets to any other entity, then, as a part of such reorganization, merger, or consolidation, or sale, provision shall be made so that the Lender shall thereafter be entitled to receive upon conversion of the Note the number of shares of stock or other securities or property of Borrower, or of the successor corporation resulting from such merger or consolidation, to which Lender would have been entitled if Lender had converted the Note immediately prior to such capital reorganization, merger, consolidation or sale.