Common use of Adjustment for Reorganization Clause in Contracts

Adjustment for Reorganization. If there shall occur any reorganization, recapitalization, reclassification, consolidation, or merger involving the Company, or any sale of all or substantially all of the assets or equity securities of the Company, in which any shares of Series F Preferred Stock are converted into or exchanged for securities, cash or other property (collectively, other than a transaction covered by Section 4.1(a), a “Reorganization”), then, following such Reorganization, each Holder of a Warrant Certificate shall receive upon exercise of the Warrants held thereby the kind and amount of securities, cash or other property which such Holder would have been entitled to receive pursuant to such Reorganization if such exercise had taken place immediately prior to such Reorganization. In any such case, appropriate and equitable adjustment (as mutually determined by the Majority Holders and the Board) shall be made in the application of the provisions set forth herein with respect to the rights and interests thereafter of the Holders, to the end that the provisions set forth in this Article IV shall thereafter be applicable, as nearly as reasonably may be, in relation to any securities, cash or other property thereafter deliverable upon the exercise of the Warrants.

Adjustment for Reorganization. If there shall occur any reorganization, recapitalization, reclassification, consolidation, consolidation or merger involving the Company, or any sale of all or substantially all Company in which the outstanding shares of the assets or equity securities of same class and series as the Company, in which any shares of Series F Preferred Stock Warrant Shares are converted into or exchanged for securities, cash or other property (collectively, other than a transaction covered by Section 4.1(asubsections 2(a), 2(b) or 2(c) (collectively, a “Reorganization”), then, following such Reorganization, each the Registered Holder of a Warrant Certificate shall receive upon exercise of the Warrants held thereby hereof the kind and amount of securities, cash or other property which such the Registered Holder would have been entitled to receive pursuant to such Reorganization if such exercise had taken place immediately prior to such Reorganization. In any such case, appropriate and equitable adjustment (as mutually determined in good faith by the Majority Holders and the Board) shall be made in the application of the provisions set forth herein with respect to the rights and interests thereafter of the HoldersRegistered Holder, to the end that the provisions set forth in this Article IV Section 2 (including provisions with respect to changes in and other adjustments of the Purchase Price) shall thereafter be applicable, as nearly as reasonably may be, in relation to any securities, cash or other property thereafter deliverable upon the exercise of the Warrantsthis Warrant.