Common use of Adjustment for Consolidation, Merger or Other Adjustment Event Clause in Contracts

Adjustment for Consolidation, Merger or Other Adjustment Event. In the event of (a) any dividend or distribution by the Company to all holders of Common Stock of evidences of its indebtedness or other assets (excluding any dividends or distributions referred to in Section 6.1(a)(i), any other equity securities issued pursuant to a reclassification referred to in Section 6.1(a)(iv) and any Ordinary Cash Dividends) or any issuance by the Company to all holders of Common Stock of rights or warrants to subscribe for or purchase any of its securities (other than rights or warrants referred to in Section 6.1(b)), (b) any consolidation or merger of the Company with or into another entity (other than a merger or consolidation in which the Company is the continuing corporation and in which the Common Stock outstanding immediately prior to the merger or consolidation is not exchanged for cash, securities or other property of the Company or another corporation), (c) any sale, transfer, lease or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, (d) any statutory exchange of securities of the Company with another corporation (other than in connection with a merger or acquisition) or (e) any liquidation, dissolution or winding up of the Company (any such event described in clause (a), (b), (c), (d) or (e), an "Adjustment Event"), the Exchange Rate shall be adjusted so that on the Exchange Date Counterparty shall deliver to the Trust, in lieu of or (in the case of an Adjustment Event described in clause (a) above) in addition to, the Contract Shares, cash in an amount equal to:

Adjustment for Consolidation, Merger or Other Adjustment Event. In the event of (a) any dividend or distribution by the Company to all holders of Common Stock of evidences of its indebtedness or other assets (excluding any dividends or distributions referred to in Section 6.1(a)(i), any other equity securities issued pursuant to a reclassification referred to in Section 6.1(a)(iv) and any Ordinary Cash Dividends) or any issuance by the Company to all holders of Common Stock of rights or warrants to subscribe for or purchase any of its securities (other than rights or warrants referred to in Section 6.1(b)), (b) any consolidation or merger of the Company with or into another entity (other than a merger or consolidation in which the Company is the continuing corporation and in which the Common Stock outstanding immediately prior to the merger or consolidation is not exchanged for cash, securities or other property of the Company or another corporation), (c) any sale, transfer, lease or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, (d) any statutory exchange of securities of the Company with another corporation (other than in connection with a merger or acquisition) or (e) any liquidation, dissolution or winding up of the Company (any such event described in clause (a), (b), (c), (d) or (e), an "Adjustment Event"), the Exchange Rate shall be adjusted so that on the Exchange Date Counterparty Seller shall deliver to the Trust, in lieu of or (in the case of an Adjustment Event described in clause (a) above) in addition to, the Contract Shares, cash in an amount equal to:Purchaser,

Adjustment for Consolidation, Merger or Other Adjustment Event. In the event of (a) any dividend or distribution by the Company to all holders of Class A Common Stock of evidences of its indebtedness or other assets (excluding any dividends or distributions referred to in Section 6.1(a)(i), any other equity securities issued pursuant to a reclassification referred to in Section 6.1(a)(iv) and any Ordinary Cash Dividends) or any issuance by the Company to all holders of Class A Common Stock of rights or warrants to subscribe for or purchase any of its securities (other than rights or warrants referred to in Section 6.1(b)), (b) any consolidation or merger of the Company with or into another entity (other than a merger or consolidation in which the Company is the continuing corporation and in which the Class A Common Stock outstanding immediately prior to the merger or consolidation is not exchanged for cash, securities or other property of the Company or another corporation), (c) any sale, transfer, lease or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, (d) any statutory exchange of securities of the Company with another corporation (other than in connection with a merger or acquisition) or (e) any liquidation, dissolution or winding up of the Company (any such event described in clause (a), (b), (c), (d) or (e), an "Adjustment EventADJUSTMENT EVENT"), the Exchange Rate shall be adjusted so that on the Exchange Date Counterparty Seller shall deliver to the TrustPurchaser, in lieu of or (in the case of an Adjustment Event described in clause (a) above) in addition to, the Contract Shares, cash in an amount equal to:

Adjustment for Consolidation, Merger or Other Adjustment Event. In the event of (a) any dividend or distribution by the Company to all holders of Common Stock of evidences of its indebtedness or other assets (excluding any dividends or distributions referred to in Section 6.1(a)(i), any other equity securities issued pursuant to a reclassification referred to in Section 6.1(a)(iv) and any Ordinary Cash Dividends) or any issuance by the Company to all holders of Common Stock of rights or warrants to subscribe for or purchase any of its securities (other than rights or warrants referred to in Section 6.1(b)), (b) any consolidation or merger of the Company, or any surviving entity or subsequent surviving entity of the company (any such entity, a "Company Successor"), with or into another entity (other than a merger or consolidation in which the Company is the continuing corporation and in which the Common Stock outstanding immediately prior to the merger or consolidation is not exchanged for cash, securities or other property of the Company or another corporation), (c) any sale, transfer, lease or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, (d) any statutory exchange of securities of the Company or any Company Successor with another corporation (other than in connection with a merger or acquisition) or (e) any liquidation, dissolution or winding up of the Company (any such event described in clause (a), (b), (c), (d) or (e), an "Adjustment Event"), the Exchange Rate shall be adjusted so that on the Exchange Date Counterparty shall deliver to the Trust, in lieu of or (in the case of an Adjustment Event described in clause (a) above) in addition to, the Contract Shares, cash in an amount equal to:

Adjustment for Consolidation, Merger or Other Adjustment Event. In the event of (a) any dividend or distribution by the Company to all holders of Common Stock of evidences of its indebtedness or other assets (excluding any dividends or distributions referred to in Section 6.1(a)(i), any other equity securities issued pursuant to a reclassification referred to in Section 6.1(a)(iv) and any Ordinary Cash Dividends) or any issuance by the Company to all holders of Common Stock of rights or warrants to subscribe for or purchase any of its securities (other than rights or warrants referred to in Section 6.1(b)), (b) any consolidation or merger of the Company, or any surviving entity or subsequent surviving entity of the Company (any such entity, a "Company Successor") with or into another entity (other than a merger or consolidation in which the Company is the continuing corporation and in which the Common Stock outstanding immediately prior to the merger or consolidation is not exchanged for cash, securities or other property of the Company or another corporation), (c) any sale, transfer, lease or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, (d) any statutory exchange of securities of the Company or any Company Successor with another corporation (other than in connection with a merger or acquisition) or (e) any liquidation, dissolution or winding up of the Company (any such event described in clause (a), (b), (c), (d) or (e), an "Adjustment Event"), the Exchange Rate shall be adjusted so that on the Exchange Date Counterparty shall deliver to the Trust, in lieu of or (in the case of an Adjustment Event described in clause (a) above) in addition to, the Contract Shares, cash in an amount equal to:

Adjustment for Consolidation, Merger or Other Adjustment Event. In the event of (a) any dividend or distribution by the Company to all holders of Common Stock of evidences of its indebtedness or other assets (excluding any dividends or distributions referred to in Section 6.1(a)(i), any other equity securities issued pursuant to a reclassification referred to in Section 6.1(a)(iv) and any Ordinary Cash Dividends) or any issuance by the Company to all holders of Common Stock of rights or warrants to subscribe for or purchase any of its securities (other than rights or warrants referred to in Section 6.1(b)), (b) any consolidation or merger of the Company, or any surviving entity or subsequent surviving entity of the company (any such entity, a "Company Successor") with or into another entity (other than a merger or consolidation in which the Company is the continuing corporation and in which the Common Stock outstanding immediately prior to the merger or consolidation is not exchanged for cash, securities or other property of the Company or another corporation), (c) any sale, transfer, lease or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, (d) any statutory exchange of securities of the Company or any Company Successor with another corporation (other than in connection with a merger or acquisition) or (e) any liquidation, dissolution or winding up of the Company (any such event described in clause (a), (b), (c), (d) or (e), an "Adjustment Event"), the Exchange Rate shall be adjusted so that on the Exchange Date Counterparty shall deliver to the Trust, in lieu of or (in the case of an Adjustment Event described in clause (a) above) in addition to, the Contract Firm Shares, cash in an amount equal to:

Adjustment for Consolidation, Merger or Other Adjustment Event. In the event of (a) any dividend or distribution by the Company to all holders of Common Stock of evidences of its indebtedness or other assets (excluding any dividends or distributions referred to in Section 6.1(a)(i), any other equity securities issued pursuant to a reclassification referred to in Section 6.1(a)(iv) and any Ordinary Cash Dividends) or any issuance by the Company to all holders of Common Stock of rights or warrants to subscribe for or purchase any of its securities (other than rights or warrants referred to in Section 6.1(b)), (b) any consolidation or merger of the Company with or into another entity (other than a merger or consolidation in which the Company is the continuing corporation and in which the Common Stock outstanding immediately prior to the merger or consolidation is not exchanged for cash, securities or other property of the Company or another corporation), (c) any sale, transfer, lease or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, (d) any statutory exchange of securities of the Company with another corporation (other than in connection with a merger or acquisition) or (e) any liquidation, dissolution or winding up of the Company (any such event described in clause (a), (b), (c), (d) or (e), an "Adjustment Event"), the Exchange Rate shall be adjusted so that on the Exchange ---------------- Date Counterparty Seller shall deliver to the TrustPurchaser, in lieu of or (in the case of an Adjustment Event described in clause (a) above) in addition to, the Contract Shares, cash in an amount equal to: