Common use of Adjustment for Reorganization or Recapitalization Clause in Contracts

Adjustment for Reorganization or Recapitalization. Merger or ------------------------------------------------------------ Consolidation. After the date of this Warrant, in case of any reorganization or ------------- recapitalization of the Company (or of any other corporation, the stock or other securities of which are at the time receivable on the exercise of this Warrant), then the Holder, upon the exercise of this Warrant as provided herein, at any time after the consummation of such reorganization, recapitalization, shall be entitled to receive, in lieu of the stock or other securities and property receivable upon the exercise of this Warrant prior to such consummation, the stock or other securities or property to which the Holder would have been entitled upon the consummation of such reorganization or recapitalization if the Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in this Section 4, and the successor or purchasing corporation in such reorganization or recapitalization (if other than the Company) shall duly execute and deliver to the Holder a supplement hereto acknowledging such corporation's obligations under this Warrant; and in each such case, the terms of this Warrant shall be applicable to the shares of stock or other securities or property receivable upon the exercise of this Warrant after the consummation of such reorganization or recapitalization. After the date of this Warrant, in case of any merger or consolidation of the Company (or of any other corporation, the stock or other securities of which are at the time receivable on the exercise of this Warrant), to which the Company is a party and in which the Company is not the surviving entity, the surviving corporation (or its parent) may assume this Warrant, and if the surviving corporation does assume this Warrant, then after the consummation of such merger or consolidation, the Holder, upon exercise of this Warrant as provided herein, at any time after the consummation or such transaction, shall be entitled to receive, in lieu of the stock or other securities and property receivable upon the exercise of this Warrant before such merger or consolidation, the stock or other securities or property to which the Holder would have been entitled upon the consummation of such reorganization or recapitalization if the Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in this Section 4; and in each such case, the terms of this Warrant shall, with appropriate adjustments to the number of shares subject to this Warrant and the Warrant Price of this Warrant, be applicable to the shares of stock or other securities or property receivable upon the exercise of this Warrant after the consummation of such merger or consolidation. Notwithstanding the foregoing, if the surviving corporation refuses to assume this Warrant, then this Warrant shall, if not exercised before the consummation of such merger or consolidation, terminate in its entirety upon the consummation of such merger or consolidation.

Adjustment for Reorganization or Recapitalization. Merger or ------------------------------------------------------------ Consolidation. After the date of this Warrant, in case of any reorganization or ------------- recapitalization of the Company (or of any other corporation, the stock or other securities of which are at the time receivable on the exercise of this Warrant), then the Holder, upon the exercise of this Warrant as provided herein, at any time after the consummation of such reorganization, reorganization or recapitalization, shall be entitled to receive, in lieu of the stock or other securities and property receivable upon the exercise of this Warrant prior to such consummation, the stock or other securities or property to which the Holder would have been entitled upon the consummation of such reorganization or recapitalization if the Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in this Section 4, and the successor or purchasing corporation in such reorganization or recapitalization (if other than the Company) shall duly execute and deliver to the Holder a supplement hereto acknowledging such corporation's obligations under this Warrant; and in each such case, the terms of this Warrant shall be applicable to the shares of stock or other securities or property receivable upon the exercise of this Warrant after the consummation of such reorganization or recapitalization. After the date of this Warrant, in case of any merger or consolidation of the Company (or of any other corporation, the stock or other securities of which are at the time receivable on the exercise of this Warrant), to which the Company is a party and in which the Company is not the surviving entity, the surviving corporation (or its parent) may assume this Warrant, and if the surviving corporation does assume this Warrant, then after the consummation of such merger or consolidation, the Holder, upon exercise of this Warrant as provided herein, at any time after the consummation or such transaction, shall be entitled to receive, in lieu of the stock or other securities and property receivable upon the exercise of this Warrant before such merger or consolidation, the stock or other securities or property to which the Holder would have been entitled upon the consummation of such reorganization or recapitalization if the Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in this Section 4; and in each such case, the terms of this Warrant shall, with appropriate adjustments to the number of shares subject to this Warrant and the Warrant Price of this Warrant, be applicable to the shares of stock or other securities or property receivable upon the exercise of this Warrant after the consummation of such merger or consolidation. Notwithstanding the foregoing, if the surviving corporation refuses to assume this Warrant, then this Warrant shall, if not exercised before the consummation of such merger or consolidation, terminate in its entirety upon the consummation of such merger or consolidation.