Common use of Adjustment for Changes in Capitalization Clause in Contracts

Adjustment for Changes in Capitalization. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, unit dividend, unit split, combination of Units, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the structure or Units of the Company, including any conversion by the Company into to a corporate form, the Committee (or if the Company does not survive any such transaction, the board of directors or an authorized committee of the board of directors of the surviving company) shall, without the consent of the Employee, make such adjustments as it determines in its discretion to be appropriate as to the number and kind of securities subject to this Agreement in order to prevent dilution or enlargement of the rights of the Employee.

Appears in 3 contracts

Samples: Change of Control Agreement (Advanced BioEnergy, LLC), Change of Control Agreement (Advanced BioEnergy, LLC), Restricted Unit Agreement (Advanced BioEnergy, LLC)

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Adjustment for Changes in Capitalization. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, unit dividend, unit split, combination of Units, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the structure or Units of the Company, including any conversion by the Company into to a corporate form, the Committee (or if the Company does not survive any such transaction, the board of directors or an authorized committee of the board of directors of the surviving company) shall, without the consent of the EmployeeHolder, make such adjustments as it determines in its discretion to be appropriate as to the number and kind of securities subject to this Agreement in order to prevent dilution or enlargement of the rights of the EmployeeHolder.

Appears in 2 contracts

Samples: Restricted Unit Agreement (Advanced BioEnergy, LLC), Restricted Unit Agreement (Advanced BioEnergy, LLC)

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