Common use of Adjustment for Merger or Reorganization, etc Clause in Contracts

Adjustment for Merger or Reorganization, etc. (a) In case of any consolidation or merger of the Corporation with or into another corporation or the sale of all or substantially all of the assets of the Corporation to another corporation: if the surviving entity shall consent in writing to the following provisions, then this Warrant shall thereafter be exercisable for the kind and amount of shares of stock or other securities or property to which a holder of the number of shares of Common Stock of the Corporation deliverable upon exercise of this Warrant would have been entitled upon such consolidation, merger or sale; and, in such case, appropriate adjustment (as determined in good faith by the Board of Directors) shall be made in the application of the provisions in this Section 3 with respect to the rights and interest thereafter of the Holder of this Warrant, to the end that the provisions set forth in this Section 3 (including provisions with respect to changes in and other adjustments of the Warrant Price) shall thereafter be applicable, as nearly as reasonably possible, in relation to any shares of stock or other property thereafter deliverable upon the exercise of this Warrant. (b) The provision for such rights on each of this Warrant shall be a condition precedent to the consummation by the Corporation of any such transaction.

Adjustment for Merger or Reorganization, etc. (a) In case of any consolidation or merger of the Corporation Company with or into another a corporation or another entity or the sale of all or substantially all conversion of the assets of the Corporation to another corporation: if the surviving entity shall consent in writing to the following provisionsCompany into a corporation by any other means, then this each Warrant shall thereafter be exercisable for the kind and amount of shares of stock equity interests or other securities or property to which a holder of the number of shares of Common Stock Applicable Securities of the Corporation Company deliverable upon exercise of this such Warrant would have been entitled upon such consolidation, merger or sale; and, in such case, appropriate adjustment (as determined in good faith by the Board of DirectorsDirectors of the Company) shall be made in the application of the provisions in this Section 3 Paragraph (c) set forth with respect to the rights and interest thereafter of the Holder holders of this Warrantthe Warrants, to the end that the provisions set forth in this Section 3 (including provisions with respect to changes in and other adjustments of the Warrant Pricenumber of Warrants evidenced hereby or the Exercise Price therefor) shall thereafter be applicable, as nearly as reasonably possiblemay be, in relation to any shares of stock equity interests or other property thereafter deliverable upon the exercise of this Warrantthe Warrants. (b) The provision for such rights on each of this Warrant shall be a condition precedent to the consummation by the Corporation of any such transaction.

Adjustment for Merger or Reorganization, etc. (a) In Subject to the provisions of Section 4, in case of any consolidation or merger of the Corporation Company with or into another corporation entity or the sale of all or substantially all of the assets of the Corporation Company to another corporation: if entity, the surviving entity shall consent in writing to the following provisions, then this Warrant Preferred Shares shall thereafter be exercisable for convertible (or shall be converted into a security which shall be convertible) into the kind and amount of shares of stock Shares or other securities or property to which a holder an owner of the number of shares of Common Stock of the Corporation Shares deliverable upon exercise conversion of this Warrant such Preferred Shares would have been entitled upon such consolidation, merger or sale; and, in such case, appropriate adjustment (as determined in good faith by the Board of Directors) shall be made in the application of the provisions set forth in this Section 3 6 with respect to the rights and interest interests thereafter of the Holder of this WarrantPreferred Shares, to the end that the provisions set forth in this Section 3 6 (including provisions with respect to changes in and other adjustments of the Warrant Series A Conversion Price, the Series B Conversion Price and the Series C Conversion Price) shall thereafter be applicable, as nearly as reasonably possiblemay be, in relation to any shares of stock Shares or other property thereafter deliverable upon the exercise conversion of this Warrantthe Preferred Shares. (b) The provision for such rights on each of this Warrant shall be a condition precedent to the consummation by the Corporation of any such transaction.

Adjustment for Merger or Reorganization, etc. (a) In Subject to the provisions of Section 4, in case of any consolidation or merger of the Corporation LLC with or into another corporation entity or the sale of all or substantially all of the assets of the Corporation LLC to another corporation: if entity, the surviving entity shall consent in writing to the following provisions, then this Warrant Preferred Shares shall thereafter be exercisable for convertible (or shall be converted into a security which shall be convertible) into the kind and amount of shares of stock Shares or other securities or property to which a holder an owner of the number of shares of Common Stock of the Corporation Shares deliverable upon exercise conversion of this Warrant such Preferred Shares would have been entitled upon such consolidation, merger or sale; and, in such case, appropriate adjustment (as determined in good faith by the Board of DirectorsManagers) shall be made in the application of the provisions set forth in this Section 3 6 with respect to the rights and interest interests thereafter of the Holder of this WarrantPreferred Shares, to the end that the provisions set forth in this Section 3 6 (including provisions with respect to changes in and other adjustments of the Warrant Series A Conversion Price, the Series B Conversion Price and the Series C Conversion Price) shall thereafter be applicable, as nearly as reasonably possiblemay be, in relation to any shares of stock Shares or other property thereafter deliverable upon the exercise conversion of this Warrantthe Preferred Shares. (b) The provision for such rights on each of this Warrant shall be a condition precedent to the consummation by the Corporation of any such transaction.

Adjustment for Merger or Reorganization, etc. (a) In case of any consolidation or merger of the Corporation Company with or into another a corporation or another entity or the sale of all or substantially all conversion of the assets of the Corporation to another corporation: if the surviving entity shall consent in writing to the following provisionsCompany into a corporation by any other means, then this each Warrant shall thereafter be exercisable for the kind and amount of shares of stock equity interests or other securities or property to which a holder of the number of shares of Common Stock Applicable Shares of the Corporation Company deliverable upon exercise of this such Warrant would have been entitled upon such consolidation, merger or sale; and, in such case, appropriate adjustment (as determined in good faith by the Board of DirectorsDirectors of the Company) shall be made in the application of the provisions in this Section 3 Paragraph (c) set forth with respect to the rights and interest thereafter of the Holder holders of this Warrantthe Warrants, to the end that the provisions set forth in this Section 3 (including provisions with respect to changes in and other adjustments of the Warrant Pricenumber of Warrants evidenced hereby or the Exercise Price therefor) shall thereafter be applicable, as nearly as reasonably possiblemay be, in relation to any shares of stock equity interests or other property thereafter deliverable upon the exercise of this Warrantthe Warrants. (b) The provision for such rights on each of this Warrant shall be a condition precedent to the consummation by the Corporation of any such transaction.

Adjustment for Merger or Reorganization, etc. (a) In Subject to -------------------------------------------- the provisions of Section 13, in case of any consolidation or merger of the Corporation Company with or into another corporation Company or the sale conveyance of all all, or substantially all all, of the assets of the Corporation Company to another corporation: if the surviving entity shall consent in writing to the following provisions, then this Warrant shall thereafter be exercisable for to purchase the kind and amount number of shares of stock or other securities or property to which a holder of the number of shares of Class A Common Stock of the Corporation Company deliverable upon exercise of this Warrant would have been entitled upon such consolidation, merger or saleconveyance; and, in any such case, appropriate adjustment (as determined in good faith by the Board of Directors) shall be made in the application of the provisions in this Section 3 herein set forth with respect to the rights and interest thereafter of the Holder holder of this Warrant, Warrant to the end that the provisions set forth in this Section 3 2 (including provisions with respect to changes in and other adjustments of the Warrant Price and the Dilution Price) shall thereafter be applicable, as nearly as reasonably possiblemay be, in relation to any shares of stock or other property thereafter deliverable upon the exercise of this Warrant. (b) The provision for such rights on each of this Warrant shall be a condition precedent to the consummation by the Corporation of any such transaction.

Adjustment for Merger or Reorganization, etc. (a) In case of any consolidation or merger of the Corporation Company with or into another corporation Person or the sale of all or substantially all of the assets of the Corporation Company to another corporation: if the surviving entity shall consent in writing to the following provisionsPerson, then this Warrant Certificate shall thereafter be exercisable for the kind and amount of shares of stock or other securities or property to which a holder of the number of shares of Common Stock Class A Shares of the Corporation Company deliverable upon exercise of this Warrant Certificate would have been entitled upon such consolidation, merger or sale; and, in such case, appropriate adjustment (as determined in good faith by the Board in form and substance reasonably satisfactory to the Warrantholder as to compliance with the terms of Directorsthis paragraph) shall be made in the application of the provisions in this Section 3 5 with respect to the rights and interest thereafter of the Holder of this WarrantWarrantholder, to the end that the provisions set forth in this Section 3 5 (including provisions with respect to changes in and other adjustments of the Warrant PriceExercise Amount) shall thereafter be applicable, as nearly as reasonably possiblemay be, in relation to any shares of stock or other property thereafter deliverable upon the exercise of this WarrantWarrant Certificate. (b) The provision for such rights on each of this Warrant shall be a condition precedent to the consummation by the Corporation of any such transaction.

Adjustment for Merger or Reorganization, etc. (a) In Subject to the provisions of Section 13, in case of any consolidation or merger of the Corporation Company with or into another corporation Company or the sale conveyance of all all, or substantially all all, of the assets of the Corporation Company to another corporation: if the surviving entity shall consent in writing to the following provisions, then this Warrant shall thereafter be exercisable for to purchase the kind and amount number of shares of stock or other securities or property to which a holder of the number of shares of Common Stock of the Corporation Company deliverable upon exercise of this Warrant would have been entitled upon such consolidation, merger or saleconveyance; and, in any such case, appropriate adjustment (as determined in good faith by the Board of Directors) shall be made in the application of the provisions in this Section 3 herein set forth with respect to the rights and interest thereafter of the Holder holder of this Warrant, Warrant to the end that the provisions set forth in Section 2.1 and this Section 3 2.2 (including provisions with respect to changes in and other adjustments of the Warrant Price) shall thereafter be applicable, as nearly as reasonably possiblemay be, in relation to any shares of stock or other property thereafter deliverable upon the exercise of this Warrant. (b) The provision for such rights on each of this Warrant shall be a condition precedent to the consummation by the Corporation of any such transaction.