Adjustments for Consolidation, Merger, Sale of Assets, Reorganization, etc. In case the Company, after the date hereof, (a) shall consolidate with or merge into any other person and shall not be the continuing or surviving corporation of such consolidation or merger, or (b) shall permit any other person to consolidate with or merge into the Company and the Company shall be the continuing or surviving person but, in connection with such consolidation or merger, the Common Stock shall be changed into or exchanged for stock or other securities or property of any other person, or (c) shall effect a capital reorganization or reclassification of the Common Stock (other than a reclassification subject to Sections 3.3 or 3.4), then, and in each such case, proper provision shall be made so that the holder of this Warrant, upon the exercise hereof at any time after the consummation of such consolidation, merger, reorganization or reclassification, shall be entitled to receive, in lieu of the Common Stock (or Other Securities) issuable upon such exercise prior to such consummation, the stock and other securities and property to which such holder would have been entitled upon such consummation if such holder had so exercised this Warrant immediately prior thereto, subject to adjustments (subsequent to such corporate action) as nearly equivalent as possible to the adjustments provided for in this Section 3.
Appears in 6 contracts
Samples: Pease Oil & Gas Co /Co/, Chaparral Resources Inc, Victory Ventures LLC
Adjustments for Consolidation, Merger, Sale of Assets, Reorganization, etc. In case the Company, after the date hereof, Company (a) shall consolidate with or merge into any other person Person and shall not be the continuing or surviving corporation of in such consolidation or merger, or (b) shall permit any other person Person to consolidate with or merge into the Company and the Company shall be the continuing or surviving person Person but, in connection with such consolidation or merger, the Common Stock Shares shall be changed into or exchanged for stock or other securities or property of any other personPerson or cash or any other property, or (c) shall effect a capital reorganization or reclassification of the Common Stock (other than a reclassification subject to Sections 3.3 or 3.4)Shares, then, and in each such case, proper provision shall be made so that that, upon the basis and the terms and in the manner provided in this Section 3, the holder of this WarrantWarrant Certificate, upon the exercise hereof at any time after the consummation of such consolidation, merger, transfer, reorganization or reclassification, shall be entitled to receivereceive (at the aggregate Warrant Price in effect at the time of such consummation for all Common Shares issuable upon such exercise immediately prior to such consummation), in lieu of the Common Stock (or Other Securities) Shares issuable upon such exercise prior to such consummation, the stock and other securities securities, cash and property to which such holder would have been entitled upon such consummation if such holder had so exercised this Warrant Certificate immediately prior thereto, subject to adjustments (subsequent to such corporate action) as nearly equivalent as possible to the adjustments as provided for in Section 2 and this Section 3.
Appears in 1 contract
Samples: Debt Restructuring Agreement (Minera Andes Inc /Wa)