Common use of Adjustments for Mergers and Consolidations Clause in Contracts

Adjustments for Mergers and Consolidations. In case the Company, after the date hereof, shall merge or consolidate with another Person, then, in the case of any such transaction, proper provision shall be made so that, upon the basis and terms and in the manner provided in this Agreement, the Holders of the Warrants, upon the exercise thereof at any time after the consummation of such transaction (but prior to the Expiration Date) shall be entitled to receive (at the Aggregate Exercise Price in effect at the time of the transaction for all Common Stock issuable upon such exercise immediately prior to such consummation), in lieu of the Common Stock issuable upon such exercise prior to such consummation, the greatest amount of securities, cash or other property to which such holder would have been entitled as a holder of Common Stock upon such consummation if such Holder had exercised the Warrants held by such Holder immediately prior thereto, subject to adjustments (subsequent to such consummation) as nearly equivalent as possible to the adjustments provided for in Section 6(a).

Appears in 2 contracts

Samples: Warrant Agreement, Warrant Agreement (Nortek Inc)

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Adjustments for Mergers and Consolidations. In case the Company, after the date hereof, shall merge or consolidate with another Person, then, in the case of any such transaction, proper provision shall be made so that, upon the basis and terms and in the manner provided in this Warrant Agreement, the Holders of the Warrants, upon the exercise thereof at any time after the consummation of such transaction (but prior to the Expiration Date) shall be entitled to receive (at the Aggregate Exercise Price in effect at the time of the transaction for all Common Stock issuable upon such exercise immediately prior to such consummation), in lieu of the Common Stock issuable upon such exercise prior to such consummation, the greatest amount of securities, cash or other property to which such holder would have been entitled as a holder of Common Stock upon such consummation if such Holder had exercised the Warrants held by such Holder immediately prior thereto, subject to adjustments (subsequent to such consummation) as nearly equivalent as possible to the adjustments provided for in Section 6(a).

Appears in 1 contract

Samples: Warrant Agreement (Nortek Inc)

Adjustments for Mergers and Consolidations. In case the Company, after the date hereof, shall merge merge, consolidate or consolidate otherwise engage in a recapitalization, reclassification, reorganization or business combination with another Person, then, in the case of any such transaction, proper provision shall be made so that, upon the basis and terms and in the manner provided in this Agreement, the Holders of the WarrantsHolders, upon the exercise thereof at or conversion of the Warrants any time after the consummation of such transaction (but prior subject to the Expiration Date) ), shall be entitled to receive (at the Aggregate Exercise Price in effect at the time of the transaction for all Common Stock issuable upon such exercise immediately prior to such consummation)or conversion, in lieu of the Common Stock Warrant Shares issuable upon such exercise or conversion immediately prior to such consummation, the greatest amount of securities, cash or other property (the “Transaction Consideration”) to which such holder Holder would have been entitled as a holder of Common Stock Warrant Shares upon such consummation if such Holder had exercised the rights represented by the Warrants held by such Holder immediately prior theretoto such consummation, subject to adjustments (subsequent to such consummation) as nearly equivalent as possible to the adjustments provided for in Section Sections 6(a).) and 6(b) above; provided, however,

Appears in 1 contract

Samples: Creditor Warrant Agreement (PHI Group, Inc./De)

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Adjustments for Mergers and Consolidations. In case the Company, after the date hereof, shall merge merge, consolidate or consolidate otherwise engage in a recapitalization, reclassification, reorganization or business combination with another Person, then, in the case of any such transaction, proper provision shall be made so that, upon the basis and terms and in the manner provided in this Agreement, the Holders of the WarrantsHolders, upon the exercise thereof at or conversion of the Warrants any time after the consummation of such transaction (but prior subject to the Expiration Date) ), shall be entitled to receive (at the Aggregate Exercise Price in effect at the time of the transaction for all Common Stock issuable upon such exercise immediately prior to such consummation)or conversion, in lieu of the Common Stock Warrant Shares issuable upon such exercise or conversion immediately prior to such consummation, the greatest amount of securities, cash or other property (the “Transaction Consideration”) to which such holder Holder would have been entitled as a holder of Common Stock Warrant Shares upon such consummation if such Holder had exercised the rights represented by the Warrants held by such Holder immediately prior theretoto such consummation, subject to adjustments (subsequent to such consummation) as nearly equivalent as possible to the adjustments provided for in Section Sections 6(a).) and 6(b) above; provided,

Appears in 1 contract

Samples: Existing Equity Warrant Agreement (Tidewater Inc)

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