Common use of Adjustment for Merger or Reorganization Clause in Contracts

Adjustment for Merger or Reorganization. If there shall occur any reorganization, recapitalization, reclassification, consolidation or merger involving the Borrower in which Common Stock is converted into or exchanged for securities, cash or other property, then, following any such reorganization, recapitalization, reclassification, consolidation or merger, the Balance then outstanding shall thereafter be convertible, in lieu of the Common Stock into which it was convertible prior to such event, into the kind and amount of securities, cash or other property which a holder of the number of shares of Common Stock of the Borrower issuable upon conversion of the Balance outstanding immediately prior to such reorganization, recapitalization, reclassification, consolidation or merger would have been entitled to receive pursuant to such transaction.

Appears in 4 contracts

Samples: Secured Convertible Promissory Note (EVO Transportation & Energy Services, Inc.), Secured Convertible Promissory Note (EVO Transportation & Energy Services, Inc.), Secured Convertible Promissory Note (EVO Transportation & Energy Services, Inc.)

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