Common use of Adjustment for Consolidation or Merger Clause in Contracts

Adjustment for Consolidation or Merger. If Borrower shall consolidate with or merge into one or more other corporations or other entities (and for clarity the Loans shall not have already been repaid and/or are not being repaid in connection with the consummation of such consolidation or merger), and pursuant to such consolidation or merger stock, other securities or other property is issued or paid to holders of Conversion Stock (each, a “Reorganization Event”), then, and in each such case, a Lender, upon conversion of an Actual Conversion Amount after the consummation of such Reorganization Event, shall be entitled to receive (in lieu of the stock or other securities and property that such Lender would have been entitled to receive under the terms of its Note upon such conversion but for such Reorganization Event), the stock or other securities or property that such Lender would have been entitled to receive upon the consummation of such Reorganization Event if, immediately prior to such Reorganization Event, such Lender had converted such Actual Conversion Amount into Conversion Stock, all subject to further adjustment as provided herein, and the successor corporation or other successor entity in such Reorganization Event shall duly execute and deliver to such Lender a supplement to such Note acknowledging such corporation’s or other entity’s obligations under such Note; and in each such case, the terms of such Note shall be applicable to the shares of stock or other securities or property receivable upon the conversion of such Note after the consummation of such Reorganization Event.

Adjustment for Consolidation or Merger. If Borrower the Company shall consolidate with or merge into one or more other corporations or other entities (and for clarity the Loans shall not have already been repaid and/or are not being repaid in connection with the consummation of such consolidation or merger)entities, and pursuant to such consolidation or merger merger, stock, other securities or other property is issued or paid to holders of Conversion Stock (each, a “Reorganization Event”), then, and in each such case, a LenderHolder, upon conversion of an Actual Conversion Amount after the consummation of such Reorganization Event, shall be entitled to receive (in lieu of the stock or other securities and property that such Lender Holder would have been entitled to receive under the terms of its this Note upon such conversion but for such Reorganization Event), the stock or other securities or property that such Lender Holder would have been entitled to receive upon the consummation of such Reorganization Event if, immediately prior to such Reorganization Event, such Lender Holder had converted such Actual Conversion Amount into Conversion Stock, all subject to further adjustment as provided hereinin this Note, and the successor corporation or other successor entity in such Reorganization Event shall duly execute and deliver to such Lender Holder a supplement to such this Note acknowledging such corporation’s or other entity’s obligations under such this Note; and in each such case, the terms of such the Note shall be applicable to the shares of stock or other securities or property receivable upon the conversion of such this Note after the consummation of such Reorganization Event.

Adjustment for Consolidation or Merger. If Borrower the Company shall consolidate with or merge into one or more other corporations or other entities (and for clarity the Loans shall not have already been repaid and/or are not being repaid in connection with the consummation of such consolidation or merger)entities, and pursuant to such consolidation or merger stock, other securities or other property is issued or paid to holders of Conversion Stock (each, a “Reorganization Event”), then, and in each such case, a LenderHolder, upon conversion of an Actual Conversion Amount after the consummation of such Reorganization Event, shall be entitled to receive (in lieu of the stock or other securities and property that such Lender Holder would have been entitled to receive under the terms of its this Note upon such conversion but for such Reorganization Event), the stock or other securities or property that such Lender Holder would have been entitled to receive upon the consummation of such Reorganization Event if, immediately prior to such Reorganization Event, such Lender Holder had converted such Actual Conversion Amount into Conversion Stock, all subject to further adjustment as provided hereinin this Note, and the successor corporation or other successor entity in such Reorganization Event shall duly execute and deliver to such Lender Holder a supplement to such this Note acknowledging such corporation’s or other entity’s obligations under such this Note; and in each such case, the terms of such the Note shall be applicable to the shares of stock or other securities or property receivable upon the conversion of such this Note after the consummation of such Reorganization Event.

Adjustment for Consolidation or Merger. If Borrower prior to the repayment or conversion of the entire Balance of this Note, the Parent or the Company shall consolidate with or merge with or into one or more other corporations or other entities (and for clarity the Loans shall not have already been repaid and/or are not being repaid in connection with the consummation of such consolidation or merger)entities, and pursuant to such consolidation or merger stock, other securities or other property is issued or paid to holders of Conversion Stock other than a Liquidation Event (each, a “Reorganization Event”), then, and in each such case, a LenderHolder, upon conversion of an Actual Conversion Amount after the consummation of such Reorganization Event, shall be entitled to receive (in lieu of the stock or other securities and property that such Lender Holder would have been entitled to receive under the terms of its this Note upon such conversion but for such Reorganization Event), the stock or other securities or property that such Lender Holder would have been entitled to receive upon the consummation of such Reorganization Event if, if Holder had been the record holder of the Conversion Stock received upon conversion of this Note immediately prior to such Reorganization Event, such Lender had converted such Actual Conversion Amount into Conversion StockEvent (or the record date therefor), all subject to further adjustment as provided hereinin this Note, and the successor corporation or other successor entity in such Reorganization Event shall duly execute and deliver to such Lender Holder a supplement to such this Note acknowledging such corporation’s or other entity’s obligations under such this Note; and in each such case, the terms of such the Note shall be applicable to the shares of stock or other securities or property receivable upon the conversion of such this Note after the consummation of such Reorganization Event.

Adjustment for Consolidation or Merger. If Borrower If, after the Merger Closing and before the Actual Conversion Date, Parent shall consolidate with or merge into one or more other corporations or other entities (and for clarity the Loans shall not have already been repaid and/or are not being repaid entities, other than in connection with the consummation of such consolidation or merger)Merger, and pursuant to such consolidation or merger stock, other securities or other property is issued or paid to holders of Conversion Stock (each, a “Reorganization Event”), then, and in each such case, a LenderHolder, upon conversion of an Actual Conversion Amount after the consummation of such Reorganization Event, shall be entitled to receive (in lieu of the stock or other securities and property that such Lender Holder would have been entitled to receive under the terms of its this Note upon such conversion but for such Reorganization Event), the stock or other securities or property that such Lender Holder would have been entitled to receive upon the consummation of such Reorganization Event if, immediately prior to such Reorganization Event, such Lender Holder had converted such Actual Conversion Amount into Conversion Stock, all subject to further adjustment as provided hereinin this Note, and the successor corporation or other successor entity in such Reorganization Event shall duly execute and deliver to such Lender Holder a supplement to such this Note acknowledging such corporation’s or other entity’s obligations under such this Note; and in each such case, the terms of such the Note shall be applicable to the shares of stock or other securities or property receivable upon the conversion of such this Note after the consummation of such Reorganization Event.

Adjustment for Consolidation or Merger. If Borrower prior to the repayment or conversion of the entire Balance of this Note, the Company shall consolidate with or merge with or into one or more other corporations or other entities (and for clarity the Loans shall not have already been repaid and/or are not being repaid in connection with the consummation of such consolidation or merger)entities, and pursuant to such consolidation or merger stock, other securities or other property is issued or paid to holders of Conversion Stock other than a Liquidation Event (each, a “Reorganization Event”), then, and in each such case, a LenderHolder, upon conversion of an Actual Conversion Amount after the consummation of such Reorganization Event, shall be entitled to receive (in lieu of the stock or other securities and property that such Lender Holder would have been entitled to receive under the terms of its this Note upon such conversion but for such Reorganization Event), the stock or other securities or property that such Lender Holder would have been entitled to receive upon the consummation of such Reorganization Event if, if Holder had been the record holder of the Conversion Stock received upon conversion of this Note immediately prior to such Reorganization Event, such Lender had converted such Actual Conversion Amount into Conversion StockEvent (or the record date therefor), all subject to further adjustment as provided hereinin this Note, and the successor corporation or other successor entity in such Reorganization Event shall duly execute and deliver to such Lender Holder a supplement to such this Note acknowledging such corporation’s or other entity’s obligations under such this Note; and in each such case, the terms of such the Note shall be applicable to the shares of stock or other securities or property receivable upon the conversion of such this Note after the consummation of such Reorganization Event.