Common use of Adjustment for Reclassification, Exchange, Substitution, Reorganization, Merger or Consolidation Clause in Contracts

Adjustment for Reclassification, Exchange, Substitution, Reorganization, Merger or Consolidation. If at any time or from time to time after the A-2 Issuance Date, the Common Stock issuable upon the conversion of the Series Preferred Stock is changed into the same or a different number of shares of any class or classes of stock, whether by recapitalization, reclassification, merger, consolidation or otherwise (other than an Acquisition or Asset Transfer as defined in Section 4, a subdivision or combination of shares or stock dividend provided for elsewhere in this Section 5 or an adjustment upon achievement of the Performance Targets provided for in Section 5(i)), in any such event each holder of Series Preferred Stock shall then have the right to convert such stock into the kind and amount of stock and other securities and property receivable upon such recapitalization, reclassification, merger, consolidation or other change by holders of the maximum number of shares of Common Stock into which such shares of Series Preferred Stock could have been converted immediately prior to such recapitalization, reclassification, merger, consolidation or change, all subject to further adjustment as provided herein or with respect to such other securities or property by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 5 with respect to the rights of the holders of Series Preferred Stock after the capital reorganization to the end that the provisions of this Section 5 (including adjustment of the Series Preferred Stock Conversion Price then in effect and the number of shares issuable upon conversion of the Series Preferred Stock) shall be applicable after that event and be as nearly equivalent as practicable.

Adjustment for Reclassification, Exchange, Substitution, Reorganization, Merger or Consolidation. If at any time or from time to time on or after the A-2 Issuance Date, Original Issue Date the Common Stock Units issuable upon the conversion of the Series such series of Preferred Stock Units is changed into the same or a different number of shares units of any class or classes of stockclasses, whether by recapitalization, reclassification, merger, consolidation or otherwise (other than an Acquisition or Asset Transfer as defined in Section 4, Sale or a subdivision or combination of shares units or stock unit dividend provided for elsewhere in this Section 5 or an adjustment upon achievement of the Performance Targets provided for in Section 5(i)Exhibit B), in any such event each holder of Series such series of Preferred Stock Units shall then have the right to convert such stock units into the kind and amount of stock units and other securities and property receivable upon such recapitalization, reclassification, merger, consolidation or other change by holders of the maximum number of shares of Common Stock Units into which such shares series of Series Preferred Stock Units could have been converted immediately prior to such recapitalization, reclassification, merger, consolidation or change, all subject to further adjustment as provided herein or with respect to such other securities or property by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 5 Exhibit B with respect to the rights of the holders of Series such series of Preferred Stock Units after the capital reorganization to the end that the provisions of this Section 5 Exhibit B (including adjustment of the Series applicable Preferred Stock Conversion Price of such series of Preferred Units then in effect and the number of shares units issuable upon conversion of the Series Preferred StockUnits) shall be applicable after that event and be as nearly equivalent as practicable.

Adjustment for Reclassification, Exchange, Substitution, Reorganization, Merger or Consolidation. If at any time or from time to time after the A-2 Issuance Original Issue Date, the Common Stock issuable upon the conversion of the Series A Preferred Stock is changed into the same or a different number of shares of any class or classes of stock, whether by recapitalization, reclassification, merger, consolidation or otherwise (other than an Acquisition a Liquidation in accordance with Section 4 or Asset Transfer as defined in Section 4, a subdivision or combination of shares or stock dividend or a reorganization, merger, consolidation or sale of assets provided for elsewhere in this Section 5 or an adjustment upon achievement of the Performance Targets provided for in Section 5(i)5), in any such event each such holder of Series A Preferred Stock shall then have the right to convert such stock into the kind and amount of stock and other securities and property receivable upon such recapitalization, reclassification, merger, consolidation or other change by holders of the maximum number of shares of Common Stock into which such shares of Series A Preferred Stock could have been converted immediately prior to such recapitalization, reclassification, merger, consolidation or change, all subject to further adjustment as provided herein or with respect to such other securities or property by the terms thereof. , In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 5 with 6 which respect to the rights of the holders of Series A Preferred Stock after the capital reorganization to the end that the provisions of this Section 5 6 (including adjustment of the Series Preferred Stock Conversion Price then in effect and the number of shares issuable upon conversion of the Series A Preferred Stock) shall be applicable after that event and be as nearly equivalent as practicable.

Adjustment for Reclassification, Exchange, Substitution, Reorganization, Merger or Consolidation. If at any time or from time to time on or after the A-2 Issuance Date, Original Issue Date the Class A Common Stock issuable upon the conversion of the Series Preferred Convertible Stock is changed into the same or a different number of shares of any class or classes of stock, whether by recapitalization, reclassification, merger, consolidation or otherwise (other than an Acquisition or Asset Transfer as defined in Section 4, a subdivision or combination of shares or stock dividend provided for elsewhere in this Section 5 or an adjustment upon achievement of the Performance Targets provided for in Section 5(i))otherwise, in any such event each holder share of Series Preferred Convertible Stock shall then have thereafter be convertible in lieu of the right Class A Common into which it was convertible prior to convert such stock event into the kind and amount of stock and other securities and property receivable upon such recapitalizationsecurities, reclassification, merger, consolidation cash or other change by holders property that a holder of the maximum number of shares of Class A Common issuable upon conversion of one share of such class of Convertible Stock into which such shares of Series Preferred Stock could have been converted immediately prior to such recapitalization, reclassification, merger, consolidation or changeother transaction would have been entitled to receive pursuant to such transaction, all subject to further adjustment as provided herein or with respect to such other securities or property by the terms thereof. In thereof and in any such case, appropriate adjustment shall be made in the application of the provisions of this Section 5 with respect to the rights of the holders of Series Preferred applicable class of Convertible Stock after the capital reorganization to the end that the provisions of this Section 5 (including adjustment of the Series Preferred Stock applicable Conversion Price then in effect and the number of shares issuable upon conversion of the Series Preferred Convertible Stock) shall be applicable after that event and be as nearly equivalent as practicable.