Common use of Adjustments for Reorganization, Merger, Consolidation or Sales of Assets Clause in Contracts

Adjustments for Reorganization, Merger, Consolidation or Sales of Assets. If at any time or from time to time after the Initial Exercise Date there shall be a capital reorganization of the Company (other than by way of a stock split or combination of shares or stock dividends or distributions provided for in Section 3(a), and Section 3(b), or a reclassification, exchange or substitution of shares provided for in Section 3(c)), or a merger or consolidation of the Company with or into another corporation, or the sale of all or substantially all of the Company’s properties or assets to any other person (an “Organic Change”), then as a part of such Organic Change an appropriate revision to the Exercise Price shall be made if necessary and provision shall be made if necessary (by adjustments of the Exercise Price or otherwise) so that, upon any subsequent exercise of this Warrant, the Holder shall have the right to receive, in lieu of Warrant Stock, the kind and amount of shares of stock and other securities or property of the Company or any successor corporation resulting from the Organic Change. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3(d) with respect to the rights of the Holder after the Organic Change to the end that the provisions of this Section 3(d) (including any adjustment in the Exercise Price then in effect and the number of shares of stock or other securities deliverable upon exercise of this Warrant) shall be applied after that event in as nearly an equivalent manner as may be practicable.

Appears in 2 contracts

Samples: Fluoropharma Medical, Inc., Fluoropharma Medical, Inc.

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Adjustments for Reorganization, Merger, Consolidation or Sales of Assets. If at any time or from time to time after the Initial Exercise Issuance Date there shall be a capital reorganization of the Company Maker (other than by way of a stock split or combination of shares or stock dividends or distributions provided for in Section 3(a3.6(a)(i), (ii) and Section 3(b(iii), or a reclassification, exchange or substitution of shares provided for in Section 3(c3.6(a)(iv)), or a merger or consolidation of the Company Maker with or into another corporation, or the sale of all or substantially all of the Company’s Maker's properties or assets to any other person (an "Organic Change"), then as a part of such Organic Change an appropriate revision to the Exercise Conversion Price shall be made if necessary and provision shall be made if necessary (by adjustments of the Exercise Conversion Price or otherwise) so that, upon any subsequent exercise that the holder of this Warrant, the Holder each Note shall have the right thereafter to receive, in lieu of Warrant Stock, convert such Note into the kind and amount of shares of stock and other securities or property of the Company Maker or any successor corporation resulting from the Organic Change. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3(d3.6(a)(v) with respect to the rights of the Holder holder of the Notes after the Organic Change to the end that the provisions of this Section 3(d3.6(a)(v) (including any adjustment in the Exercise applicable Conversion Price then in effect and the number of shares of stock or other securities deliverable upon exercise conversion of this Warrantthe Notes) shall be applied after that event in as nearly an equivalent manner as may be practicable.

Appears in 2 contracts

Samples: Armitec Inc, Armitec Inc

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Adjustments for Reorganization, Merger, Consolidation or Sales of Assets. If at any time or from time to time after the Initial Exercise Issuance Date there shall be a capital reorganization of the Company Maker (other than by way of a stock split or combination of shares or stock dividends or distributions provided for in Section 3(a3.6(a)(i), (ii) and Section 3(b(iii), or a reclassification, exchange or substitution of shares provided for in Section 3(c3.6(a)(iv)), or a merger or consolidation of the Company Maker with or into another corporation, or the sale of all or substantially all of the Company’s Maker's properties or assets to any other person (an "Organic Change"), then as a part of such Organic Change an appropriate revision to the Exercise Conversion Price shall be made if necessary and provision shall be made if necessary (by adjustments of the Exercise Conversion Price or otherwise) so that, upon any subsequent exercise that the holder of this Warrant, the Holder each Note shall have the right thereafter to receive, in lieu of Warrant Stock, convert such Note into the kind and amount of shares of stock and other securities or property of the Company Maker or any successor corporation resulting from the Organic Change. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3(d3.6(a)(v) with respect to the rights of the Holder holders of the Notes after the Organic Change to the end that the provisions of this Section 3(d3.6(a)(v) (including any adjustment in the Exercise applicable Conversion Price then in effect and the number of shares of stock or other securities deliverable upon exercise conversion of this Warrantthe Notes) shall be applied after that event in as nearly an equivalent manner as may be practicable.

Appears in 1 contract

Samples: Vertel Corp

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